A judge is considering a man's request to withdraw his guilty pleas in the 2004 death of his infant son.

Lloyd Petersen II, who's known as Junior, is serving consecutive five-year prison sentences for negligent homicide and child abuse. He was charged in the death of his 6-month-old son, Lloyd Petersen IV, in a Minot apartment.

The child's mother said she had found a piece of clothing tied around the baby's face.

Petersen, who came to North Dakota from the Virgin Islands, said his English is limited and that his statements to investigators after the baby's death were not interpreted correctly.

Under a plea agreement, a felony murder charge was reduced to negligent homicide.

Petersen's former attorney, Richard Thomas, said Petersen understood the plea agreement.

Judge Douglas Mattson will rule later.