San Antonio Pastor Can't Sidestep Defamation Suit

Larry Nail, a former church member from Boerne, claims Godwin defamed him last year when the pastor -- from the pulpit -- accused him of bribery. Nail, who tried to expose how Godwin was spending church money, also claims Godwin defrauded him by misrepresenting how donations would be spent.

Godwin, whose church used to be called Eagle's Nest Christian Fellowship, has denied wrongdoing, citing scriptural authority to discipline Nail for being spiritually divisive. The case has yet to be set for trial by State District Judge Barbara Hanson Nellermoe, who made Monday's ruling after more than two days of testimony from eight witnesses.

Godwin has declined repeated requests for an interview.

Nail's attorneys said Monday's decision shows that federal and state laws don't give a pass to ministers to commit defamation in the name of religion.

"That shows that pastors can't hide behind the pulpit and say secular things and then claim it's religious," said Gary Richardson, a Tulsa, Okla., attorney who represents Nail and has handled cases against TV evangelist Robert Tilton.

Godwin's attorneys said they'd review the decision for possible appeal because they believe he acted according to religious beliefs.

"You can call something secular, but it doesn't make it secular," lawyer Laura Cavaretta said during the hearing.

Nail is among dozens of former church members who left the congregation after reports by the Express-News last year that raised questions about Godwin's spending of church money for personal items. The spending included thousands of dollars from a fund designated for mission and outreach for luxury hotel stays, charter jet travel and expensive gifts to elders and other associates, some of whom set the pastor's compensation.

Godwin testified during the hearing that he reimbursed personal expenses charged to the church monthly, but provided no details.

The pastor testified that he declined Express-News requests for comment because the matter was internal church business and he believed the newspaper would mischaracterize his comments. He estimated that as many as 400 people were contacted by Nail by e-mail and telephone, threatening the spiritual unity of the congregation.

Nail was "slandering and accusing us as if we had done something wrong financially," he said on the stand. "We felt immediately our church was under attack."