Six-Term State Lawmaker Strikes Plea Deal in Child Sex Case
By Matt Apuzzo, Associated Press Writer
Originally published by The Associated Press, August 26, 2004
DANIELSON, Conn. — State Rep. Jefferson Davis has cut a deal with prosecutors that will spare him from going to prison in a sexual assault case involving a boy who told investigators he was sodomized more than 50 times.
The Pomfret Democrat, who submitted his resignation Wednesday, agreed to a deal calling for a 10-year suspended prison sentence, probation and registration on the state's sex offender list. He is scheduled to be sentenced in November.
Davis, 53, appeared in Danielson Superior Court on Wednesday and pleaded under the Alford Doctrine to one count of risk of injury to a minor. Under the doctrine, defendants do not admit guilt but concede the prosecution has enough evidence to secure a conviction.
Authorities arrested the six-term lawmaker last year, accusing him of assaulting the 8-year-old boy. Details surrounding the charge were made public when an arrest warrant affidavit was unsealed Wednesday. The Associated Press is not identifying the child's relationship with Davis and does not identify victims of sexual assault.
Davis, who admitted teaching the boy how to masturbate, did not speak to reporters but issued a statement saying he was innocent but feared being wrongly convicted.
"I know who I am and what I am not," Davis said.
State's Attorney Patricia Froehlich said Davis told investigators that he masturbated in front of the boy, but only while teaching him about sex.
Davis' attorney, Hubert Santos, said the police affidavit told only half the story. He would not discuss specific acts but said Davis never acted willfully to harm the child.
"There may have been mistakes in judgment here," Santos said.
He said there was no medical evidence to substantiate the boy's claims of sodomy and said Davis was pleading guilty only because of the high risk in going to trial.
According to court documents, prosecutors were prepared to call six expert witness to testify. The boy and his adoptive parents were also on the witness list.
Secretary of the State Susan Bysiewicz said Wednesday night that Davis submitted his resignation earlier in the day in a brief letter.
Bysiewicz, a fellow Democrat who once served in the state House with Davis, said she was sorry to hear about his plea deal.
"While he was a legislator, he did serve the state very, very well," Bysiewicz said. "I wish him well as he goes forward."
House Majority Leader James Amann, D-Milford, said he believed legislative leaders would not appoint someone to fill Davis' seat, because the election is in little more than two months and the legislature won't be in session until January.
Attorney B. Paul Kaplan, who represents the boy, said the child and his family supported the plea deal and wanted to avoid a trial. The child, now 12, is living out of state.
Davis, who announced in May that he would not run for re-election, appeared in court with his ex-wife, Jean.
Santos said Davis tried to help the boy, who according to court documents has a history of depression, abandonment and neglect.
Prosecutors and police painted a much different picture of Davis' relationship with the boy. The child told police that Davis repeatedly touched him, occasionally trying to have oral sex with him.
"The victim stated that because Jeff had touched him so many times, about 50 different times, which would be about three times a month, that he does not remember each time itself," Trooper Jeffrey R. Payette wrote in an affidavit.
Davis' plea deal includes provisions that he receive sex offender counseling. The counseling could prove difficult if Davis continues to profess his innocence, Judge Patrick Clifford said.
Under Connecticut law, Davis' probation can be revoked if his refusal to accept guilt interferes with his rehabilitation. Santos claims that provision is unconstitutional.
"Today is one more crushing blow to my idealism and optimism," Davis said.
Davis had previously pleaded not guilty to charges of first-degree sexual assault, fourth-degree sexual assault and two counts of risk of injury to a minor.
Prosecutors said the assaults occurred between 2000 and 2002. Davis was arrested after a two-month state police investigation into allegations the boy told his adoptive parents. Davis had been scheduled to go on trial next month.
