BANGOR, Maine — A Bradley man who was scheduled to go on trial Tuesday before a jury at the Penobscot Judicial Center pleaded guilty to two counts of unlawful sexual contact instead.
Timothy Damien, 44, was indicted by the Penobscot County grand jury more than a year ago on five counts of unlawful sexual contact and three counts of unlawful sexual touching.
In a plea agreement with the Penobscot County district attorney’s office, the other charges will be dropped, Assistant District Attorney Alice Clifford said.
By pleading guilty, Damien admitted that he had sexual contact with a female relative from December 2008 through July 2009 when she was 12 years old. The victim was in the courthouse Tuesday waiting to take the stand when Damien entered his plea.
“If the victim were to testify, she would say that when she lived with the defendant in Bradley she would wake up in the middle of the night with him on top of her,” Clifford told the judge.
Superior Court Justice William Anderson set the sentencing for 1 p.m. Wednesday. He said Tuesday that the plea agreement does not include a sentencing deal.
“This saves the victim the pain of having to testify,” defense attorney Randy Day of Garland said after his client changed his plea. “Mr. Damien still cares very much for that girl despite the circumstances.”
Damien had been on bail since he was arraigned last July 9, Clifford said after Tuesday’s hearing. He was arrested Monday when he did not return to the courthouse after jury selection. He was to have been in court for a hearing on a motion to suppress, she said.
Damien faces up to five years in prison and a fine of up to $5,000. He also will have to register as a sex offender for life.