Hundreds of men and women claiming they were molested by priests as children got their first day in court Thursday as they seek millions of dollars from Catholic dioceses in Northern California.
The case is one of three consolidated lawsuits involving about 1,000 California victims, and is one of hundreds nationwide in which the church is accused of looking the other way while priests molested young worshippers.
The first day of the Northern California case comes a week after the archdiocese of Portland, Ore., announced it was declaring bankruptcy after settling 130 abuse claims and paying $53 million.
Lawyers for the church and for the California victims met for the first time before Alameda County Superior Court Judge Ronald Sabraw in Oakland, who tentatively ruled that six of the victims' cases could proceed. A final ruling is expected soon.
Church attorneys said they had no way to defend themselves in those cases because the priests have died.
Unless there are settlements, the pretrial stage of the consolidated case could drag on for months as the judge entertains motions to dismiss.
All the cases are being brought under a California law, passed in 2002, that rolled back the state's statute of limitations to allow the alleged victims to file claims against the church by a Dec. 31, 2003 deadline. In some cases, the alleged abuse occurred decades ago.
The judge also tentatively ruled the law was constitutional. "The Legislature has the discretion to determine the appropriate statute of limitations for civil claims," the judge said.
The validity of that law also is being challenged in federal court by the Los Angeles archdiocese. It has been trying to settle more than 500 cases made possible by the law in a separate, consolidated case in Los Angeles County, even as it questions the validity of the law.
Stephen McFeely, a church lawyer, sought to get five cases dismissed, arguing the church cannot defend itself because the priests are dead and the church should be immune from those suits because it did not know about the abuse.
He said a church elder learned decades ago through a 14-year-old boy's confession that a Concord priest had abused him. But anything learned during confession cannot be used in court, McFeely said.
Rick Simmons, an attorney for the boy who's now 55, said statements in confession are shielded only if the statement was uttered when "absolution is requested." Simmons argued the boy's confession was a cry for help, rather than a formal request for absolution.
That victim, in an interview outside the courtroom, said he was raped 40 years ago. The lawsuit, he said, is a form of "spiritual healing." Recovering from the abuse, he said, has "been a long and arduous process."
Paul Gaspari, another church attorney, said there's no way the church can get a fair trial. "In a highly charged emotional setting before a jury, we don't stand a chance," he said.
The cases name dozens of priests and churches throughout Northern California.
A component of the Northern California cases, which represent victims from Santa Rosa to Monterey, is a 1962 Vatican document that says bishops may respond to priest misconduct by removing the priest, referring the case to the Vatican or transferring the priest to another area. The document, "Crimen sollicitationis," also demands the church undertake "perpetual silence" on the matter.
The victims allege the church transferred known molesters to their communities, turned a blind eye to the misconduct and kept quiet about it.
The Northern California cases are Clergy Cases III, JCCP4359.