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Priest To Remain Free Despite New Abuse Claim

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Priest To Remain Free Despite New Abuse Claim

Rev. Donald McGuire Was Convicted Of Abusing 2 Students 40 Years Ago

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ELKHORN, Wis. (AP) ― A Jesuit priest from Illinois who was convicted of molesting high school students during retreats in the 1960s can remain free on appeal despite a new allegation of abuse, a judge ruled Thursday.

The Rev. Donald McGuire, once a spiritual adviser to Mother Teresa and her religious order of nuns, is free on bond in suburban Chicago while appealing a February 2006 conviction on charges that he abused two students during retreats in Wisconsin in 1967 and 1968.

Prosecutors wanted McGuire to begin serving his seven-year prison sentence on five counts of indecent behavior with a child after a man filed a civil lawsuit last month claiming McGuire abused him between 1999 and 2003.

Walworth County Circuit Judge James Carlson rejected the motion to revoke McGuire's bond after a 40-minute hearing, saying the new claims have not been proven. He said he would reconsider if more criminal charges are filed against McGuire.

"I think the evidence is a little shaky" at this point, Carlson said.

Using a walker as he left the courtroom, the 77-year-old McGuire smiled but declined comment.

Advocates for victims of clergy abuse said they were disappointed by the judge's ruling.

"In almost every other case involving a sex offender, he would be in prison by now," said Peter Isely, a spokesman for the Survivors Network of those Abused by Priests. "So why is McGuire still free? It's because of the money, the resources and the connections that he has."

McGuire was convicted of abusing the boys while he taught at Loyola Academy in Wilmette, Ill., from 1966 to 1970. They said the abuse happened in several places, including during trips to Lake Geneva, a resort area in southeastern Wisconsin.

In the new lawsuit, a 21-year-old college student said he was molested for four years while sharing a bedroom with McGuire in a Jesuit residence in suburban Chicago. He claims the abuse also took place in numerous states and countries as they traveled the world on spiritual retreats.

Walworth County District Attorney Phillip Koss said 2003 claim was recent enough to show that McGuire represented a danger to the public and should be locked up.

"There is a risk that the defendant is likely to commit a serious crime," Koss said.

But McGuire's lawyer, Robert Henak, said the new claims were false and motivated by financial gain.

He also said McGuire would likely prevail in reversing his conviction, saying the trial was defective and new witnesses would testify the abuse could not have happened as alleged. A ruling from a Wisconsin appeals court isn't expected for several months.

The ruling allowing McGuire to remain free delighted about a dozen McGuire supporters who attended the hearing. The group included five nuns in white robes and head scarves who were members of Mother Teresa's Missionaries of Charity.

The nuns, clutching Rosary beads, prayed outside the courtroom before the hearing. One said she was certain McGuire was innocent.

John Gahagan, 70, a retired Loyola University police officer, said he has known McGuire since the 1950s when he was a high school student who sang in his glee club.

Gahagan said he was worried McGuire would die in prison for a crime he did not commit.

"His record of accomplishments is amazing. He's been all over the world," Gahagan said. "He's considered one of the most illustrious Jesuit priests in this century. The feeling among many of us is that this is a way to get at the Catholic Church. And it's all about money."

McGuire was relieved of active priestly duties in June 2003.

(© 2007 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)