Citing reports of her declining health, prosecutors have asked for videotaped testimony from the mother of a former Aurora gymnastics instructor convicted of inappropriately touching 14 students at the family's gym.
Linda Lynch, 62, is scheduled to stand trial in April on charges she and gym office manager Andrea Arndt forged schedules presented at Michael Cardamone's 2005 trial to make it look like he didn't train one of the victims.
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Lynch would be immune from prosecution for anything she says in a video deposition but would still face felony charges, according to DuPage County court records. Prosecutors said the testimony would be used at Arndt's trial in the event health problems make Lynch unavailable.
"Over the past several months, numerous representations have been made to this court and the (prosecution) that Lynch is gravely ill, unable to attend court proceedings, and not likely to recover," Assistant State's Attorneys Mike Pawl and Tim Diamond wrote in court papers.
Lynch's daughter, Alysha Millard, confirmed Thursday her mother's health has deteriorated but said she maintains she is innocent and plans to fight prosecutors' latest move.
"If they feel she's healthy enough to talk to them, she's healthy enough to talk before a judge," Millard said. "She might be sick but she'll never stop fighting for the truth."
Arndt's attorney could not be reached for comment.
The two were indicted in December 2008 after an appellate court overturned Cardamone's conviction on sexual abuse charges, citing trial errors. In November, Cardamone pleaded guilty to aggravated battery and unlawful restraint charges -- but insisted he "never sexually abused anyone." He was sentenced to time served and required to register as a violent offender against youths.
Lynch has been in and out of the hospital with worsening heart ailments since 2003, about a year after her son was charged. During that time, she's had two heart-valve replacement surgeries, Millard said.
Arndt, 38, of Montgomery, and Lynch are scheduled for trial April 23 before Judge Robert Kleeman. Their next court date is Feb. 26.