Paul Timmer of Sutherland asked a Lincoln County Judge Friday if he could withdraw his no-contest plea to misdemeanor child abuse and debauching a minor.
Timmer, 34, was convicted in August, sentenced to the 165 days he’d already served in jail, and released.
Timmer told Lincoln County Judge Michael Piccolo that in the plea agreement that reduced his charges from felonies to misdemeanors, he was not informed that he would have to register as a sex offender, so he didn’t.
Later, he was approached by the Nebraska State Patrol warning him to register or be arrested.
Timmer said he was told that the agreement was he would be sentenced to time served and would testify against co-defendants, and that would be all.
Defense Attorney Stephen Potter said the County Attorney’s Office never said Timmer would have to register as a sex offender.
Timmer said he is trying to move to Virginia Beach, Va, to live with relatives, but they have security clearances in the military and if he has to register as a sex offender, he can’t live with them.
Deputy Lincoln County Attorney Jennifer Wellan said that her office was not required to tell Timmer to register. Wellan referred to a court ruling in a similar case.
Judge Michael Piccolo agreed to consider the question.
Timmer was arrested in April with his roommate Eric Humphrey, after a teenage girl told investigators that Timmer had tried to have sex with her at the house in Sutherland.
Timmer was originally charged with two counts of attempted sexual assault of a child, both felonies. Timmer’s wife Kelly was also charged with debauching a minor, and was sentenced to probation.