Woman who offered alibi for alleged Opechee Park flasher now playing hard to get for both prosecution & defense

LACONIA — The registered sex offender who allegedly exposed himself on September 1, 2014 to some children at Opechee Park has filed a notice of alibi defense with the Belknap County Superior Court.

Daniel King, 52, who at the time was homeless but with a base in Concord, was charged with two counts of felony indecent exposure. He was arrested in Arkansas in December by U.S. Federal Marshals and extradited back to New Hampshire.

According to paperwork obtained from the court, shortly after his arrest, a woman contacted the Laconia Police and said she was with King all day on September 1, 2014 and they had ridden the Cog Railway at Mount Washington.

An officer from the LPD told the woman that he has video evidence showing that what she said was not true. The officer also told the woman that King was a sex offender who had been convicted of an offense against a 6-year-old.

The woman providing the alibi was then given an opportunity to come to the Police Department and make a statement but she declined and, police say, never provided any more information.

When she was contacted by an investigator working with the Public Defenders Office, she also declined to be interviewed.

King also argues that the video police have shows a man matching his general description but it is not of the quality that a positive identification can be made. His defense team also claims that four witnesses to the park incident were shown a photo lineup that included King and the four identified three different faces, including King, as the man in the park.

King is asking that the court order the woman who offered the alibi to be made available for a deposition.

"This way both sides will have an opportunity to question (name) under oath regarding where she was on September 1, 2014 and whether she was with Mr. King around 4:15 that afternoon," wrote his attorneys.

In addition, Concord Police Lt. Timothy O'Malley told The Daily Sun that his department would be moving forward with charges that he failed to register and change of address or check in with police as is part of his life-time sex offender registry orders.