Abuse victims address court in Oakland Diocese bankruptcy case, Bishop apologizes

In front of a packed courtroom, with Oakland Bishop Michael Barber looking on, eight survivors who East Bay priests sexually abused as children or teens recounted traumatic stories in front of U.S. Bankruptcy Court Judge William Lafferty on Friday as part of the diocese’s ongoing bankruptcy case. 

Many of the survivors were overcome with emotion as they recalled being forced into sex acts or raped by trusted priests when they were as young as five-years-old. Some of the accused perpetrators are notorious priests with long track records of abuse allegations, like Stephen Kiesle or Don Broderson. In other cases, the alleged abuser had never been publicly accused before this recent wave of lawsuits, like the now-deceased Monsignor John McCracken.

“It meant a lot to be able to come and talk and have the judge listen,” said survivor Sherry Waterworth, who said she was abused by Stephen Kiesle when she was seven. “I know it does no good in the case, but hopefully in my journey to heal.”

Waterworth, who recounted past struggles with drug abuse, said she later came to find out her sister had also been abused by Kiesle.

“I’ve lost faith in churches, I’ve lost faith in the justice system,” Waterworth said. “But I’m hoping to get it back.”

For two hours, Judge Lafferty listened on, sometimes looking visibly pained by the stories he heard.

“We’re here today because of some very, very, very difficult circumstances,” said Lafferty, acknowledging the unique situation of addressing hundreds of child sexual abuse claims in a court traditionaly geared towards resolving economic issues. “It was my decision that it was important to do it, and it was important to do it now, not the end of the case when everything is done and dusted.”

From drug and alcohol abuse, to attempts at suicide, the survivors detailed how the scars of abuse have marked them for life. Some said they shared stories that they’ve kept hidden from their partners or closest family members, such as one victim who said she never had children because she couldn’t bear the touch of a male doctor after years of abuse at the hands of a priest.

“I will always mourn the children I could have had,” said the survivor, adding that she’s currently battling breast cancer that caught in its late stages because of her avoidance of doctors. 

The speakers are among roughly 400 people who have sued the Diocese of Oakland since 2020 after a state law opened a three-year window for child sexual abuse survivors to file claims in civil court no matter how far back their allegations go. The flood of claims have driven Catholic dioceses across California, including the Diocese of Oakland, into bankruptcy. 

Some of those who spoke questioned whether the church truly couldn’t settle the claims without filing for bankruptcy protection, and accused Barber of putting the diocese’s bank account before victims. 

“Since this bankruptcy process began, I’ve been having nightmares,” one survivor of John McCracken said. “It feels as though the Diocese is more concerned with protecting its assets.”

In closing, the survivor asked Barber  “What would Jesus do” in a situation like this?

One speaker, clearly the youngest among the eight survivors, said he chose to speak up to show that “child sexual abuse in the Roman Catholic Church still exists.” He’s a victim of Fr. Hector David Mendoza-Vela, who was recently released from prison after pleading no contest to multiple counts of child molestation in 2019.

“I am proof that the house is still burning,” he said. “[The church] could save the defenseless, they could put out the flames, but clearly they don’t.”

Following two hours of testimony from survivors, Bishop Barber read a prepared statement apologizing to survivors, and saying he could see the “pain and destruction” wrought by abusers within the church. 

“I want to convey a sincere, complete, and unconditional apology,” Barber said. “I am truly sorry.”

Some victims and members of the audience left the courtroom as he was about to speak.

“I really didn’t want to hear anything he had to say because it was just words,” said survivor Catherine Hernandez. 

However, she said the opportunity to share her story felt like “a little peace, and weight off my shoulders and my soul.”

NBC Bay Area attempted to speak with Barber as he left court, but he declined to be interviewed. 

Last month, the Diocese of Oakland filed a reorganization plan to emerge from bankruptcy that included a proposed payout of more than $100 million to settle more than 300 recent claims. 

Advocates from the Survivors Network of those Abuse by Priests (SNAP), called the proposal “pathetic,” and plaintiff’s attorney Rick Simons said if it’s officially put in front of the creditor’s committee, he expects it to be overwhelmingly rejected.

Judge Lafferty is expected to address the Diocese’s proposal at a hearing next week.

You can catch up on NBC Bay Area’s coverage of the new wave of sex abuse accusations hitting the Catholic Church by clicking here.