Tim Ryan, tryan@wolfrivermedia.com
DARWIN DAVIS
Leader Photo by Tim Ryan Darwin Davis takes the stand in his defense during his trial on child sex assault charges Thursday in Shawano-Menominee County Circuit Court.
A former bar operator on trial for child sex assault spoke openly on the witness stand Thursday about suspicions of his involvement in the death of a Shawano woman who disappeared more than two years ago.
Darwin R. Davis, 48, who ran the Final Lap Tavern in Shawano, said two of the witnesses testifying against him were being motivated by the belief he had something to do with the disappearance of Heather Szekeres.
Szekeres, 32, disappeared after last being seen at the Final Lap in June 2013. Remains found in a wooded area in the town of Richmond in May 2014 were eventually identified as hers. The case remains under investigation.
Szekeres was expected to be a witness for the prosecution in Davis’ sexual assault trial.
Davis is accused of having sexual intercourse with a 15-year-old girl in the basement of the tavern and on multiple occasions at his home in the town of Wescott in 2012. The trial began Monday.
The unexpected introduction of the Szekeres case, which authorities are calling a homicide, followed a question from Shawano-Menominee County Assistant District Attorney Catharine White.
During cross-examination of Davis, White asked him why his own daughter, as well as Heather’s husband, Robert Szekeres, and Heather’s mother, Laurie Waddell, all say Davis admitted to them that he was having sex with the girl.
“Rob’s wife had come up missing and they believe that I had something to do with it,” Davis said.
White pressed Davis on the revelation.
“So you’re telling us that Robert Szekeres reported that you admitted having sex with (the girl) because you were a suspect in the death of his wife, Heather?” White said.
Davis denied being a suspect and said that he fired Heather Szekeres, who he said had been working for him as a disc jockey.
He said the accusations came after he fired her.
Davis also claimed he had a sexual affair with Heather Szekeres, citing it as another reason for Robert Szekeres’ statements and the testimony against him.
“As for Rob, one of the women I was engaging in sex with was his wife in the basement of the bar,” Davis said.
White noted that Heather Szekeres had given a statement against Davis to authorities investigating the sexual assault case.
That statement was not presented to the court, but White showed Davis the statement signed against him by Robert Szekeres, which was dated in April 2013, two months before Heather disappeared.
She suggested Davis’ rationale for Robert Szekeres’ and Laurie Waddell’s motivations didn’t fit the timeline.
“You’re aware that Heather didn’t disappear until June of 2013, correct?” she said. “You’re aware that you’re the last person who saw her in June of 2013?”
Davis denied being the last person to see Heather Szekeres.
Her disappearance and death are being investigated by the state Department of Criminal Investigations, which has not divulged any information about the case.
Davis took the witness stand unexpectedly mid-morning Thursday after a two-hour delay in court proceedings during which he consulted with his attorney at the Shawano County Jail.
Davis presented himself to the jury as a family man who loves his children and wanted to run a family-oriented establishment.
His testimony was interrupted on several occasions as he broke into tears when talking about his separation from his wife and children. The children were staying with him during the months the alleged sexual activity took place.
Davis said he hired the 15-year-old girl as a babysitter because he was concerned about leaving the children alone while he ran the bar.
The girl testified earlier in the week that the babysitting story was a ruse to explain why she was staying overnight at Davis’ home once a week.
White also noted during cross-examination that the babysitting took place only on Saturday nights, even though the children were left home alone every other night of week that Davis was running the bar.
Davis also testified that a cell phone found in the girl’s possession had actually been purchased for his children so they could call him in the case of an emergency.
The phone’s contact name was “Too Sexy,” which Davis said was inspired by a karaoke business he had.
The girl testified earlier in the week that Davis had purchased the phone for her.
White questioned Davis on why he would buy a cell phone for his children when there was a land line in working order at the home.
Davis said he hadn’t been paying the phone bill and didn’t know the land line was still working.
Much of the testimony over the first two days of the trial focused on the cell phone and text messages, including some sexual in nature, that were allegedly exchanged between the two.
Jurors also heard from his children, who said Davis asked them to lie to authorities about his relationship with the girl.
The jury also heard from DNA experts who testified that DNA fitting the girl’s and Davis’s DNA profiles were found on the couch in the Final Lap basement.
The experts testified that semen was found on the couch, but no sperm, which would be the case for someone who had had a vasectomy.
Davis admitted during cross-examination that he had had a vasectomy.
The defense was expected to wrap up with one more witness Friday morning, followed by closing statements before the case goes to the jury.
If convicted, Davis could face a maximum 40 years in prison and $100,000 fine on each of the sex assault charges.
According to court records, Davis was previously convicted of second-degree sexual assault of a child in Langlade County in 1994 and was sentenced to five years in prison.