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  Convicted Priest Appeals; Tries for Release

By Chuck Weber
CBS 12
April 3, 2009

http://www.cbs12.com/news/guinan_4716516___article.html/judge_bond.html

One of two priests recently convicted of stealing from his own parish, was back in court Friday, trying to get out of jail.

Just last week, Judge Krista Marx gave Francis Guinan four years in prison for taking from the collections at St. Vincent Ferrer Catholic Church in Delray Beach. But since then, Guinan's lawyer Richard Barlow has filed a notice that he's appealing the former priest's conviction. Friday the attorney asked the judge to let Guinan out of jail on bond while the case is appealed.

Guinan had been out on bond prior to his trial. And prior to sentencing, the same judge okay-ed a release on an ankle monitor, although the Sheriff's Office never facilitated the release.

But Friday Judge Marx denied the request for bond, calling Guinan a flight risk. Plus she said he had yet to pay any of the $99,000 in restitution she ordered him to pay.

Afterward Guinan's lawyer said he wasn't surprised by the no bond ruling, but he feels he has a good appeal. "All witnesses agree the priest had discretion to spend up to $50,000," said Barlow, citing the key defenses he used during the trial. "There was no further instructions on that $50,000 whether it could be spent multiple times, or only one time a year, or what it could be spent on. There was actually no crime committed in this case whatsoever."

No dates are set yet in the appeal process.

 
 

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