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May 6, 2005Accused baby sitter asks to pull pleaHe says he received faulty adviceByRecord-Eagle staff writer TRAVERSE CITY - A Traverse City man who admitted he sexually assaulted a child he baby-sat wants a local judge to withdraw his plea. Barry Dick Bare Jr., 42, filed a motion to withdraw a plea he made amid charges he sexually assaulted a 4-year-old in September. Bare was arrested in December and charged with two counts of first-degree criminal sexual conduct after he allegedly abused the child while he baby-sat her at his Traverse City house. Prosecutors later amended charges against Bare, who additionally was charged with second-degree child abuse after he allegedly burned the child's hair. Bare, who is out of jail on $25,000 bond, pleaded guilty in March to counts of second- and third-degree CSC in exchange for prosecutors dismissing a count of first-degree CSC and child abuse. But on April 20, Bare filed a motion to withdraw his plea after 13th Circuit Court Judge Thomas Power agreed to allow attorney James Nancarrow to replace Gerald Chefalo as Bare's attorney. In the withdrawal motion, Bare contends he was pressured into taking a plea and admitted facts to the court though he wasn't aware of available defense options. Bare said his plea was based on "inaccurate and misunderstood advice," according to the motion. Power is scheduled to hear Bare's motion today at the Grand Traverse County Courthouse. If the motion is denied, Power will sentence Bare, who faces up to 15 years in prison.
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