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Epsom man arraigned on child sex abuse charges

Kenneth Day, who is accused of sexually assaulting two people multiple times when they were children, is not allowed to return to his previous home if released on bail because officials said a child lives at the same address.

The 67-year-old was arrested Thursday afternoon at his home in Epsom and was arraigned at 10 a.m. yesterday before Judge James Carroll in Laconia’s district court on four charges that he sexually abused two people when they were children. Day’s preliminary hearing is scheduled for Aug. 1 at 1 p.m. at Laconia’s district court.

Carroll set Day’s bail at $75,000 cash, at the request of Carley Ahern and Adam Woods from the Belknap County District Attorney’s office. Elizabeth Frawley, who represented Day at the arraignment, accepted the terms of his bail but said his lawyers might argue the conditions at a later date. Day has requested court-appointed counsel, and his legal representation might change.

At the arraignment, Ahern said Day was living at the same address as a young girl – though she later clarified that they did not live in the same housing unit – and Carroll prohibited the man from returning there if he’s released on bail.

If released, Day’s bail conditions prohibit him from having any contact with children younger than 16, and he also is not allowed to have any contact – online or in person – with the two people who reported that he abused them. Carroll said Day must also stay at least 300 yards away from the people who reported the abuse.

Day will also be subject to random drug and alcohol testing, among other conditions, and he will also be barred from leaving the state without court approval, Carroll said.

The charges against Day involve what Ahern described as a “pattern” of abuse that occurred from about 1991 to 1996. Based on the description of the alleged abuse and the ages of the people involved at the time of the incidents, Ahern said she understands it to have been particularly severe. Ahern said she could not disclose the relationship between Day and those who reported the abuse.

Carroll also granted the prosecution’s request to seal the affidavit, criminal complaint and arrest warrant for 90 days, and Day’s bail conditions have been redacted to remove identifying information of those who reported the abuse. Ahern, when asked after the hearing, would not explain the reasons for requesting the seal.

Day, who attended the hearing via video from the Belknap County jail, said little and stared straight ahead for much of the arraignment, which lasted about 20 minutes.

At the time of his arrest, the police said they had identified three people who said Day abused them: a man and a woman who said they were abused in Barnstead; and another person who said he or she was abused in Barnstead and in Maine. Day has only been charged in connection with the allegations of the first two people at this time, Barnstead police Sgt. Joseph McDowell said Thursday, because the statute of limitations has expired in New Hampshire for the third.

McDowell said the other case may be pursued in Maine, where there is no criminal statute of limitations for child sexual abuse if the incidents occurred when the person was younger than 16, according to state law. Under New Hampshire law, a person has until he or she is 40 years old to press criminal charges for child sexual abuse.

After Day was arrested, McDowell said the police received reports that he abused more people, but officials have not yet confirmed those reports.

Authorities are asking anyone with additional information to contact the Barnstead police at 269-4281 or Belknap County Sheriff’s Office Detective Judy Estes at 527-5454.

(Casey McDermott can be reached at 369-3306 or cmcdermott@cmonitor.com or on Twitter @caseymcdermott.)

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