DEAD BOY'S FATHER TAKES THE FIFTH.

Byline: Bhavna Mistry Daily News Staff Writer

The father of a mentally retarded 9-year-old boy killed in a fire claimed his right against self-incrimination Friday during a hearing to determine whether his wife should stand trial for murder.

Testifying under subpoena by the prosecution, Luis L. Fimbres initially answered questions about himself and his wife, defendant Catherine Fimbres, and their children, including 9-year-old Luis Jaime Fimbres.

But he became visibly upset when questioning turned to Feb. 3, the night of the deadly fire at the family's mobile home.

``I was awakened by screaming,'' Luis L. Fimbres testified when the prosecution asked whether he remembered telling sheriff's deputies that he knew Jaime was awake.

But he refused to answer the next series of questions by the prosecution: Were you awakened by a smoke detector? Did you go into the bedroom? Did you look for Jaime? Did you see your wife? Did you hear your wife saying anything? Did you see your wife three feet from the bedroom door?''

To each of those questions, Luis Fimbres answered, ``Take the Fifth (Amendment).''

Before the hearing began, Fimbres said he feared that prosecutors would twist his testimony and use it against him.

``They've accused my wife of murder - they could easily accuse me,'' he said.

``My wife didn't do it,'' Fimbres added. ``Neither did I.''

The boy died Feb. 3 in the 41500 block of 25th Street East. The father and a neighbor tried to save the boy from the fire, but were unsuccessful.

The blaze, which authorities believe the boy started with a butane lighter, quickly had spread through the family's Lancaster mobile home.

The court recessed Friday afternoon because prosecutors needed more time to evaluate Fimbres' testimony.