By Gail Ober
THE LACONIA DAILY SUN
LACONIA — A jury is scheduled to be picked Monday morning for Daniel King, who allegedly exposed himself to a group of children on Sept. 1, 2014.
A description of King was provided to police and a description of his car was provided to police during the investigation.
After a month-long investigation, King, who was homeless and supposedly living in the Concord area, was identified and a warrant was issued for his arrest. He was found in Garland, Arkansas, and arrested on Dec. 10 by U.S. Federal Marshals.
King was extradited back to New Hampshire and has been incarcerated in the Belknap County Jail since then. He is being held on $50,000 cash-only bail.
King, 53, was convicted of three counts of indecent exposure and lewdness in 2006 as well as one count of aggravated felonious sexual assault involving a child younger than 13, in 1991.
In the time he has been back in New Hampshire, he was convicted in U.S. District Court, District of New Hampshire for one count of failing to register as a sex offender during the time he lived in Concord. He has yet to be sentenced.
King recently filed a motion to eliminate evidence that he was "out of state" from Oct. 14, 2014, until his return as overly prejudicial. He claims he was homeless and free to travel anywhere.
The state wishes to introduce evidence that King was interviewed by Laconia Police on Sept. 19, 2014, and that there was some video footage of a man whom King allegedly admitted looked like him.
The state claims that his car was abandoned at a rest stop in Maryland on or about Oct. 6, 2014, after he had run out of gas. The state claims that King abandoned his cell phone and used pre-paid phones that he regularly replaced.
The state said the Laconia Police were able to connect or "ping" these phones to assist U.S. Marshals in finding him and that it is evidence of flight, although it acknowledges that flight is not evidence of guilt and should be left to a jury to consider.
In addition, King has also filed a motion to exclude telephone conversations he had with a pastor while waiting trial as not relevant. He says the burden is on the state to explain why the conversation was relevant as these recordings are "highly prejudicial" at trial because of where they were recorded.
King argues that if the state wants to use any portion of the recording, it should have to prove the relevance of any one thing it wishes to introduce.
During the conversation, the pastor and King discussed who he would like to be on his witness list, some of his feelings about jury trials versus bench trials and his confusion as to how the Laconia Police were able to find him.
King has continually maintained his innocence.
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