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Accused sex offender asks to withdraw plea

A Duluth man who pleaded guilty in May to sexually assaulting two boys under 16 years old told a judge today that he was "harassed and pushed'' by his defense team into making the plea and he wants to withdraw it.

A Duluth man who pleaded guilty in May to sexually assaulting two boys under 16 years old told a judge today that he was "harassed and pushed'' by his defense team into making the plea and he wants to withdraw it.

Timothy Scott Alan Davich, 41, pleaded guilty to two counts of second-degree criminal sexual conduct. As part of a plea deal that the defendant reached with his public defender, Susan Ginsburg, and St. Louis County prosecutor Vern Swanum, Davich had agreed to serve a 62-month prison sentence.

But Davich told 6th Judicial District Judge Sally Tarnowski that he "felt threatened'' into accepting the plea deal. He said he wanted to recant it. He said his right to due process was thrown "out the door.''

Tarnowski asked Swanum what his position on the matter is. Swanum called Davich's argument "just a scam by the defendant.''

The prosecutor said that Davich knowingly and voluntarily entered his guilty pleas after being informed by his counsel and the court of the Constitutional rights he was giving up. Swanum also said that it would be problematic to go to trial now because the alleged victims are in the military.

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Ginsburg declined comment. Tarnowski took the matter under advisement. Another hearing was scheduled for Tuesday.

Davich was convicted in 2002 of fifth-degree criminal sexual conduct for having sexual contact with a 14-year-old boy.

As a result of that conviction, Davich received a one-year sentence at Northeast Regional Corrections Center that was stayed for two years probation. He was ordered to undergo sex offender treatment, according to court records.

Related Topics: CRIME
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