Judge rejects pleas bargain for man accused of repeated sexual assaults on Barnstead children

LACONIA – Belknap County Superior Court Judge James O'Neill III yesterday rejected a negotiated plea with Barnstead native Kenneth Day, who allegedly repeatedly sexually assaulted his step-niece and step-nephew from the time they were 6 until they were 13, some 20 years ago.

Specifically, the state and the defense had agreed to have the 67-year-old Day serve two consecutive 10-20 year sentences for aggravated felonious sexual assault (rape) with the caveat that he could apply for parole after 16 years of time served, if he complied with all of the other orders.

Day was also sentenced to an additional 20 to 40 years — suspended — for two other aggravated felonious sexual assault charges.

According to Deputy Belknap County Prosecutor Carley Ahern, the two children — brother and sister — lived in Barnstead and Day, who was related to their step-father lived in a school bus on the same property. The alleged assaults took place between 1991 and 1998.

Ahern said he lured the children with Oreos and Pepsi and let them watch movies otherwise forbidden to them. Gradually, she said he began to touch them and have them perform fellatio on him.

She said the abuse escalated to the point where he would sexually assault the boy and force the two children to have sex with each other while he watched.

The two came forward about a year ago and reported the crimes to the Barnstead Police.

He is also accused of fondling a different child who was also a relative.

After hearing the plea deal, Day's alleged female victim told the judge that while she was thankful Day was getting punished, she felt he should never have a chance to see the outside of jail again.

She called him a "monster" and said he was a "sorry excuse" for a person. She said she will never be able to trust anyone again and her pain will never go away.

"I don't feel any program can help a monster like this," she said. "He doesn't deserve a deal."

She said his being in prison with a hot shower, food, and a television seemed like a vacation to her.

Ahern also read a statement from the boy, who stated he has been questioning his own life.  To him the abuse is real and he needs it to be unreal.

The grandmother of the girl who was fondled, who is still a minor, spoke from her wheelchair. She said when the news broke about Day, she questioned her granddaughter who began crying and told her about being groped by him in the woods.

She called Day a "dog," said 16 years was too little time and that he deserves life.

"Throw him in a cage like the animal he is," she said. "Take the key and throw it away and leave him there."

Day's attorney, Wade Harwood, said Day wouldn't be eligible for parole until he was 83-years-old and that if he didn't take the sex offenders class and be on good behavior, he wouldn't qualify for parole at all.

"Prison is not exactly an easy place to grow old," Harwood said.

Harwood said Day was there to take responsibility for his actions and said he needs and wants help. Harwood also said Day faces similar charges in Merrimack County and could face more prison time stemming from them.

He said Day chooses not to put his victims through a trial and is more than just a pedophile. He said he was honorably discharged from the Navy and served three tours in Vietnam. Harwood also noted that Day worked at his own business until he retired at 52.

Day said only that he wanted to apologize for what he's done. He didn't look in the direction of the victims or their families while he spoke.

After Day spoke, the first female victim stood up again and told the court that if Day had really wanted help he could have gotten it. Instead he hunted children "over and over again."

"Absurd," she said describing the recommended sentence.

In rejecting the plea, O'Neill said he normally doesn't make recommendations but said he would accept a plea that didn't involve the potential of Day's release after 16 years.

Ahern and Harwood left the court room to renegotiate knowing the judge's recommendation but were unable to come to a resolution.

Although Ahern said she could be ready for trial by the second week in January, Harwood said he could not, so no trial date has been set.

Snow squall sparks 35-car pileup on I-93 in Ashland

ASHLAND — Dillon Maloney of Hollis, a 21-year-old student at the University of New Hampshire, was headed to Loon Mountain in Lincoln for a day on the ski slopes Friday morning when a snow squall, which he said ''came out of nowhere'', hit Interstate 93 in Ashland less than a mile north of Exit 24, shortly before 10 a.m..
''I came around on a corner and there were 15 or 20 cars piled up in front of me. I hit the brakes but couldn't avoid them and slid into the pile. I was really lucky. I could see a number of people with head and facial injuries. Cars kept coming up behind me and sliding into the pileup,'' said Maloney.
He said that while he was waiting for a tow truck in his car, about 10 minutes after his crash, he heard ''a ping and then a boom'' and that smoke came pouring out of a truck and a vehicle behind it.
''The state police evacuated the scene and it was a while before I could get my car back,'' said Maloney, who finally got to see it again just around noon as it was hauled into the parking area next to Ashland Liquor store by Rusty's Towing of Tilton, where it was picked up by a wrecker and hauled back to Hollis.
He said that State Police handled the situation very well and worked to get everyone whose vehicle was capable of being driven away from the accident scene onto the highway and out of the area as soon as possible.
State Police said there were actually two separate accident scenes spread out over a half mile of highway which is marked by signs giving warnings of high winds in that area. They said the most serious crash involved a vehicle which slid under a tractor trailer. Both vehicles caught fire but the driver of the car escaped. The fire was quickly extinguished by local firefighters.
Ashland Fire Chief Steve Heath said that 11 people suffered injuries, none of which were life-threatening. ''Most were cuts and bruises,'' said Heath.
He said that seven people were taken to Speare Memorial Hospital in Plymouth for treatment and that four were transported to Franklin Regional Hospital.
The northbound lane of Rte. 93 was closed at Exit 24 for several hours with traffic diverted onto Rte. 3 but I-93 southbound was not affected.
A large number of wreckers responded to the accident scene and the highway's northbound lane was reopened to traffic at 1:30 p.m.

CAPTION: pixslugged 93 driver
Dillon Maloney, a 21-year-old UNH student, was one of the drivers involved in a 35-car pileup on Rte. 93 in Ashland less than a mile north of the Rte. 24 exit Friday morning. Maloney was headed to Loon Mountain in Lincoln for a day on the ski slopes when a blinding snow squall hit the area. His car suffered front end damage in the pileup. (Roger Amsden/for The Laconia Daily Sun)

Barnstead man said to have choked girlfriend in bathtub

CIRCUIT COURT — A South Barnstead Road man is free on $3,000 personal recognizance bail after he allegedly pushed and choked his girlfriend at their home during an argument on December 18.

Michael Bliss, 29, is said to have been drinking when he pushed his girlfriend into a bathtub and then choked her.

On the night of the alleged altercation, Bliss was charged by police with one count of simple assault, one count of second degree assault and one count of criminal threatening. He was released on $800 personal recognizance bail and told to stay away from his home.

Bliss told responding officers that one of the reasons the two were arguing was that the night before, his girlfriend has allegedly allowed their toddler to drink an entire bottle of amoxicillin.

Bliss filed a motion without the assistance of counsel in the 4th Circuit Court, Laconia Division asking the judge to allow him to return home.

During that hearing, Bliss was formerly arraigned on the three charges — one of which is a felony — and Judge Jim Carroll asked a public defender to work with him before he began talking in open court.

After reviewing the affidavits, Carroll determined that Bliss's personal recognizance bail should go from $800 to $3,000 but said that he could contact his girlfriend via text and telephone in matters regarding his son.

Carroll did no allow Bliss to return home and he is still not to go within 100 feet of where his girlfriend is.

Gilmanton voters will have chance on Monday to hear 2015 town & school budgets explained

GILMANTON — After shaving off a few more thousand more dollars from the proposed 2015 annual budget Tuesday night, selectmen will be presenting a $3,498,074 spending plan to the Budget Committee for its public hearing on January 5.

The budget, which included all of the proposed warrant articles, is $270,000 less than the 2014 bottom line number of $3,768,526.

The default budget is $3,698,583.

At their meeting Tuesday, selectmen voted against spending $25,000 to do some repair work in the rear parking lot of the Life Safety Building and decided to wait until next year to purchase a 6-wheel dump truck for the Public Works Department.

Selectmen agreed that with 80,000 miles and the shape its in, the truck wouldn't loose much value from this year to next on a trade in and the town could easily get an additional year of use out of it.

The 6-wheeler was estimated to cost about $300,000 — $150,000 of which is already in the Capital Reserve Highway Equipment Fund.

Selectmen also had a lengthy discussion about whether or not to lower the amount of money budget for fuel and gas for 2015 in light of recently falling global oil prices.

While selectman Brett Currier was in favor of lowering the amounts, members Stephen McCormack and Don Guarino as well as Town Administrator Arthur Capello said they didn't like the idea.

The three argued that should fuel prices spike in 2015, the town could come up short. Capello also said that if they were to lower the amount for 2015, that amount would be locked in to the 2016 default budget and the town could run short then as well.

Currier conceded and the fuel amounts budgeted stayed the same.

The budget number also includes a 1.5-percent pay raise for all employee. Selectmen unanimously agreed a raise was appropriate that was consistent with the 1.6 cost-of-living or inflation index.

The 2015 budget also includes money for a new police cruiser — using $2,300 in the Police Cruiser Capital Replacement Fund and raiding the $32,600 balance from taxation.

Although the bottom line includes the petitioned warrant article appropriation of $45,975 for Gilmanton-Year-Round Library operating expenses, all three selectmen voted unanimously not to recommend its passage. The library, though open to the public, is privately owned and town support for the institution has been a continuous issue in the community for nearly a decade.

The Gilmanton School District public budget hearing begins at 6 p.m. in the Gilmanton Academy on January 5 and the town's public hearing begins when the School District hearing ends.