McGuire jailed after eviction from nursing home

Fr. Donald McGuire went to jail after being “evicted from a Jesuit nursing home,” according to the Wis. state Department of Corrections, says Janesville Gazette.  It was Terrace Nursing Home in Waukegan, Ill., whose “charter does not allow it to house a convicted felon.”  The home is described in part as a “religious nonmedical health care institution.”  It has 115 beds.  It is not listed on a “map” of Jesuit installations and so is probably not a Jesuit nursing home as such.  The nearest Jesuit installation is the men’s retreat house in Barrington.

McGuire's probation, which he is serving during his appeal, will apparently be in Illinois.  Sent back to Wisconsin from the nursing home, he lived at a Lake Geneva motel but then was returned to jail Sept. 25 for refusing — on his lawyers’ advice — to take a lie detector test whose results could be used in a new trial if his conviction is reversed.  They cited his Fifth Amendment right to silence.

"The only way we can protect our client's rights is by instructing him to refuse to participate or answer," reads a letter from defense attorney Steve J. Watson to McGuire's probation agent.

He has been meeting with Wis. probation officials but would not “participate fully in sex offender classes, sign related documents and take a lie-detector test,” according to a motion filed Tuesday by his appellate attorneys.

If he complied with the requirements, information from the sex-offender class or from a lie-detector test could be used against him in a new trial if his appeal is successful, the motion says.  A hearing is set for Oct. 10 to stay the probation, in addition to the prison sentence, pending appeal.  A stay would relieve him of the requirements which have led him to jail.

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