Ruling on Priest Files Is Upheld
The California Supreme Court on Wednesday let stand a court order forcing Cardinal Roger M. Mahony to give authorities the confidential files of two former priests accused of child molestation.
Mahony has fought for three years to quash grand jury subpoenas on the grounds that opening the files would violate the church’s constitutional right of religious freedom.
A three-justice panel of the 2nd District Court of Appeal in Los Angeles ruled in July that enforcing the subpoenas “will not result in excessive entanglement” by the government and ordered the files turned over. The California Supreme Court, without comment, declined to reconsider the decision.
“This is an important milestone in addressing the issue of clerical sexual abuse,” Los Angeles County Dist. Atty. Steve Cooley said of the Supreme Court’s action. “I look forward to immediate access to files we subpoenaed from the Los Angeles Archdiocese.”
Mahony’s spokesman, Tod Tamberg, said the church’s lawyers would review the ruling and consider what, if any, steps to take. Attorney Donald Steier, who represents the two priests, said he is considering an appeal to the U.S. Supreme Court.
Deputy Dist. Atty. Brent Ferreira said he believes the ruling would apply to efforts by plaintiffs’ lawyers to unlock the secret files of more than 200 priests whose alleged abuse is at issue in 560 legal claims.
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