LYNN – A judge set $10,000 cash bail for a Level 2 sex offender charged with a second offense of failing to register with police after Saugus Police said the man has been living in Lynn for the past six months but was trying to register as living in Saugus. “The defendant did say he was staying (at the Lynn address) two nights a week and his wife had been there for six months,” Judge Stacey Fortes said in Lynn District Court Tuesday, citing reasons for her ruling.Fortes said the police officer told the defendant that staying in Lynn for that amount of time required him to at least list that Lynn address as a secondary address. “The defendant then countered he would beat the charge in court,” she continued.But the defendant’s wife said Saugus Police were either misstating or ignoring evidence; trying to ensure the defendant was unsuccessful in petitioning to be removed from the state Sex Offender Registry.”If they’re going to be thorough when they prove that he’s not doing something wrong, they have to be thorough to prove he was,” the defendant’s wife, Alicia Scott, said Tuesday. “(Saugus Police) took our words about (the defendant) ?visiting’ and changed to be ?living,” she said.Saugus Police Assistant Chief Ronald Giorgetti said he could not respond to specific allegations but the department stood by its investigation.Brian R. Scott, 34, whose address is listed as 27 Aster St. 2nd, Lynn, was arrested on a warrant and charged with failure to register as a sex offender, subsequent offense, at 2:27 p.m. Monday.A plea of not guilty was entered on Scott’s behalf at his arraignment in Lynn District Court Tuesday.Brian Scott was convicted of assault of a child to rape in 1992, according to court documents.Saugus Police reported that Scott had left messages giving two addresses where he could be reached when he called to complete his annual registration as a Level 2 sex offender, according to a report by Saugus Police Lt. Thomas Coogan.The first address was 11 Dudley St., Saugus. The second was the Aster Street address; a residence “?(Brian Scott) described as his wife and son’s house in Lynn'” where Brian Scott spent his days, Coogan reported.Coogan reported visiting the Saugus address, which is Brian Scott’s parents’ home, on Sunday. Coogan reported two other residents said Brian Scott only stayed at the house “once in a while,” and did not have a bed there, according to court documents.Coogan said he went to the Aster Street address and Brian Scott told him he only stayed overnight at that address one or two times per week. Coogan told Brian Scott that at the very least, this required he register as living at the home as a “secondary address,” according to guidelinesBrian Scott said his wife had only lived there six months so he did not have to register at the address, according to police. Brian Scott also said all his mail went to the Saugus address, and only his wife’s name was on the lease, Coogan reported.Coogan also noted the mailbox had both “Scott” and his wife’s maiden name written on it, according to the report.Assistant District Attorney Shailagh Kennedy summarized these allegations in court Tuesday. Kennedy also said Brian Scott’s record included six months in jail for failing to register as a sex offender in 2005 as well as eight defaults on various criminal charges and four restraining orders filed against him.She requested $25,000 cash bail.Attorney Kevin Chapman, however, requested personal recognizance because the case was a “misunderstanding.” Chapman said Brian Scott’s father – the landlord of the Saugus home – would testify his son lived in Saugus. Alicia Scott also uses the last name Scott, the name on the mailbox in Lynn, Chapman said.”All this came about when he himself was trying to register, he was trying to do the right thing,” Chapman said.Fortes set $10,000 cash bail and ordered Brian Scott to return to court Aug. 20. Brian Scott’s father declined to comment outside the courtroom.Alicia Scott said later