Priests Refuse To Answer Unless Subpoenaed

Catholic Officials Take Fifth In Monk’s Pretrial Hearing

MIAMI — Two Catholic school officials who are accused of sexual abuse by a man who is accused of murder were in court Thursday.

The Rev. Abbot Gregory Wendt and his assistant, the Rev. Damian Gibault, invoked their Fifth Amendment rights, and refused to answer questions about the murder of a nun who worked at their school.

In March, 2001, Sister Michelle Lewis (pictured, left) was found naked and stabbed more than 90 times in a convent bedroom at Holy Cross Academy in Kendall. Lewis was the financial officer at the school.

Mykhaylo Kofel is charged with Lewis’ murder. Kofel was training to be a monk at the school. He confessed to killing Lewis because he says that she verbally abused him.

Kofel also accused Wendt and Gibault of sexually molesting him for several years.

Wendt and Gibault appeared in court on Thursday for a deposition, but when Kofel’s attorney attempted to ask them questions, they both refused to answer under the constitutional protection against self-incrimination.
Kofel’s attorney wants Wendt and Gibault to talk. He said, “The scope of these witnesses’ knowledge is great.”
Attorneys for the two priests asked a judge on Thursday to quash the subpoenas, saying their clients didn’t know anything about the murder, and would only answer questions if subpoenaed by the state, which in turn would carry a grant of immunity from prosecution.

Wendt’s attorney, Mel Black said, “We look forward to the day when the state issues a subpoena and calls them as witnesses at the trial so they can demonstrate the falsity of the allegations.”

Judge Manny Crespo refused to quash the subpoenas, so a new deposition date will be set. This time, if the priests still refuse to answer, Crespo said he would rule on each question.

Indications are that the attorneys for the two priests will continue to advise their clients to not testify. Black said, “Until the time the state sees fit to issue a subpoena, that will be my advice.”

Kofel is charged with first-degree murder. It is expected that his allegations of sexual abuse will be used by his defense attorneys when the case goes to trial.