The Concord police arrested a Pembroke man yesterday they say had sex with a 15-year-old girl in a parking area off Broken Bridge Road after she was escorted there by another man.
Jonathan Ball, 48, of Academy Road, is charged with felonious sexual assault and is free on $5,000 personal recognizance bail. According to the police, the sex was arranged July 23 by Robert Johnston, 43, of Dunbarton, who's already been charged and is fighting his arrest in federal court.
Johnston was arrested for his alleged role in the exchange in early August and charged with aggravated felonious sexual assault and endangering the welfare of a child.
Court records alleged Johnston brought the girl to a remote parking lot and touched her sexually. The records alleged Johnston also brought the girl to the lot "so that an adult man could engage in illegal sexual activity with her."
Yesterday, the police identified that adult as Ball. The police did not release additional information. There was also no arrest paperwork filed with Concord District Court yesterday because Ball won't be arraigned until Dec. 1.
Ball, who owns his Pembroke home and a wig store in Hooksett, declined to be interviewed yesterday. He referred calls to his Concord attorney, Shawn Sullivan. Sullivan said he could not discuss the investigation or whether Ball would fight the charge.
"I look forward to completely reviewing the evidence against Mr. Ball," he said. "Once we fully review the allegations and the supporting evidence, we will let everyone know" how Ball will respond.
The Concord police began their investigation in late July after a Laconia man told them he was approached by Johnston at Terrill Park, which is off Manchester Street. Johnston exposed himself to the man and showed the man cell phone photographs of underage girls engaged in sexual activity, according to court records.
The police arrested Johnston on Aug. 3 after interviewing him at his Dunbarton home, according to court records. In addition to the rape and endangerment charges, the police also charged Johnston with indecent exposure, possessing images of child sexual abuse and a second count of child rape.
At Johnston's arraignment in Concord District Court, prosecutor Tracy Connolly told a judge Johnston had admitted to raping the 15-year-old girl for four years and to bringing her to Broken Bridge Road for sex with another man.
Connolly said Johnston had also arranged to swap underage girls for sex with an out-of-state man he met in an online chat room. The police arrested Johnston before that alleged exchange happened, they said.
Johnston has since been indicted on those charges in Merrimack County Superior Court and is in jail awaiting trial. In addition, the federal authorities have charged Johnston with possession of child pornography and production of child pornography.
Johnston's court appointed lawyer, Jonathan Saxe, has asked the federal court to suppress the evidence it has collected against Johnston on the two child pornography charges. Saxe questioned the credibility of the Laconia man who tipped off the police.
What man, Saxe said, would stick around to look at a man's cell phone photos after the man had exposed himself? Saxe also said the man's tip did not give the police enough ground to search Johnston's home for images of child pornography.
Federal prosecutor Helen Fitzgibbon defended the arrest and search made by the Concord police.
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