North Dakota High Court Hears Appeal in Priest Attack Case

By Matt Henson
Forum News Service
October 31, 2019

https://bismarcktribune.com/news/state-and-regional/north-dakota-high-court-hears-appeal-in-priest-attack-case/article_f00df4fc-48c3-51f1-8f59-00e02b9bf158.html

Chad Legare (left) and Father Robert Wapenski

A 43-year-old Minnesota man sentenced to 13 years for attacking a North Dakota priest in 2018 is appealing his conviction for attempted murder before the state's Supreme Court.

In January 2018, Chad Vincent Legare of Alexandria, Minn., traveled more than 300 miles to Anamoose to confront Father Robert Wapenski because he believed the priest had sexually abused his girlfriend. He argues that his attack on Wapenski was justified because he wanted to prevent future abuse and claimed that the Catholic Diocese of Fargo and police weren't doing enough to stop the alleged abuse from happening.

The district court handling the case denied Legare's request to use the defense that the attack was justified because it found there was no evidence of imminent danger to his girlfriend. McHenry County prosecutors said the girlfriend recanted part of her story and was not in the area during the attack.

Without the ability to mount a defense based on the justification that he hoped to prevent a sexual assault, Legare entered an Alford plea, meaning he did not admit to criminal activity but acknowledged a jury could find him guilty based on the evidence.

In February, Legare was sentenced for the attack, where police say he broke into Wapenski’s home and ambushed him, beating the priest and leaving him unconscious after wrapping a computer cord around his neck.

Legare filed for appeal in July, and the state's highest court heard arguments at the University of North Dakota Law School Wednesday, Oct. 30, as the justices stepped out of their usual courtroom in Bismarck to give more than 200 law school and high school students a chance to see the court's proceedings.

"He rolled the dice and took his chance on sentencing and now is here complaining that 'I probably should have done something different,’ " McHenry County state's attorney Josh Frey argued before the justices, later saying that Lagare's appeal could lead to abuse of similar pleas in the future.

"It is a slippery slope ... there will be numerous appeals," he said. "Everybody would have an incentive to do an open plea on a case and see if they like the sentence from the district judge, and if not, file an appeal."

The defense argued that Lagare needs to be able to present his side of the story so a fair verdict can be reached in the case.

"That's what a jury needs to decide ... whether or not there is a justification or an excuse," Lagare's attorney Kiara Kraus-Parr argued before the court, later adding that Legare's Alford plea does not preclude an appeal.

"The constitutionality of the law can be challenged even if you plead guilty," Kraus-Parr said.