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Durango man seeks to withdraw guilty plea in attempted sex assault

Durango man faces 10 to 12 years in prison
Baty

Through tears, a 29-year-old La Plata County man spoke Wednesday about true love, heartbreak and wrongful conviction after asking to withdraw his guilty plea for attempted sexual assault.

Wayne Baty pleaded guilty July 21 in 6th Judicial District Court to multiple felonies, including burglary, menacing and attempted sexual assault. In accordance with the plea agreement, he faced 10 to 12 years in prison and 10 years on probation.

But Baty apparently had a change of heart with regard to his plea agreement. He wrote a single-page letter Oct. 7 to District Judge Jeffrey Wilson professing his innocence and asking to withdraw his guilty plea and be released from jail so he could afford to hire his own lawyers.

He said he pleaded guilty under duress, threats and false promises.

“They put me under duress by saying I could not bailout until I signed a plea deal, threatened, by them saying that if I didn’t take a deal that my former lady’s testimony alone would put me in prison for the rest of my life. ... Promist (sic) that if I did take a deal that my former lady would not be further humiliated and she would not be forced to testify about are (sic) past,” he wrote.

In accepting the plea deal, Baty answered routine questions about whether he understood his rights, was of clear mind, was taking the deal under his own free will, and whether he had been promised anything not included in the plea agreement. Wilson also made clear once he accepted the plea agreement, he couldn’t withdraw it at a later date.

But there are limited instances in which a plea deal can be reversed, however, doing so is extremely rare and requires showing wrongdoing. It is also rare for defendants to receive new public defenders if they’re not happy with the ones appointed by the court.

Because relations have deteriorated between Baty and his public defenders, Wilson agreed to appoint alternative defense counsel so he could discuss his options about the plea agreement and firing his defense team.

He asked to read a statement Wednesday in court that was difficult to hear from the courtroom gallery, in part because he was sobbing. In it, he talked about the meaning of true love, something he had with his “former lady,” how he had eyes for only her, and that this is a “heartbreaking” time in his life. He also talked about the immense pressure he is feeling, and is dejected that people are standing by while an innocent man is being sent to prison.

Prior to signing the plea agreement, Baty was charged with 14 counts, including burglary, unlawful sexual contact, assault, menacing, soliciting prostitution and criminal mischief. He also is charged with tampering with a witness and attempted bribery in connection with phone conversations recorded from inside the La Plata County Jail.

According to an arrest affidavit, Baty went to his neighbor’s house late July 18, 2015, southeast of Elmore’s Corner, showed her his prison tattoos and offered her $100 in return for sexual intercourse.

When the woman refused, Baty left the house and returned minutes later wearing bandanas and wielding a knife, the affidavit says.

The woman told police he entered without permission, forced his way into her bedroom, grabbed her, pressed a knife against her throat, threw her to the bed, cut off her clothes and proceeded to grope her, according to the affidavit.

The woman’s boyfriend showed up at the front door, interrupting the assault, she told police.

Baty handed her the knife and told her “to stab the man at the door,” she told police. The woman refused and put the knife down. Baty allegedly grabbed it, threatened to cut her again, and fled the through the backdoor.

Baty is set for a review hearing at 8 a.m. Nov. 17.

shane@durangoherald.com

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