In a neighborhood known for disputes over developing land, a High Vale Lane couple has been charged with targeting a family that has opposed its building projects.
Bill and Gail Johnson, residents of High Vale Lane in Ballardvale, were arrested and arraigned in Lawrence District Court on Friday, Oct. 17, on charges of identity fraud, conspiracy, criminal harassment and reporting a frivolous case of child abuse.
The charges stem from months of alleged harassment and intimidation of the Lyons family, who live down the street from them.
The Andover Planning and Building Office has a large file of paperwork, going back to 2004, of Bill Johnson's attempts to build and make changes to his 4.15 acres at 36 High Vale Lane, and the complaints against his plans, including complaints made by the Lyons family (see sidebar).
"This had been under investigation for several months, of not one incident, but numerous incidents reported to us," said police Lt. Commander James Hashem.
Court documents and police reports allege that Bill and Gail Johnson harassed the Lyons, starting in March 2008, through an acquaintance, Gerald Colton of Lowell. The harassment ranges from the bizarre — signing up Jim Lyons as a member for the American Association of Nude Recreation — to the nasty — calling the Department of Social Services with a false report that the Lyon's 14-year old son "inappropriately touched a female student at school." (See related story.)
According to police reports, Colton has said that he and Bill Johnson have been friends since high school, and that Colton's wife and Gail Johnson have been friends since childhood.
"Mr. Colton has a rather strong motivation to implicate my clients because they have an exceedingly strong case against him," Bill Johnson's lawyer, Ronald Ranta, said. "All the forensic evidence points to Colton. When you look at the course of conduct, it's entirely consistent with Mr. Colton's erratic behavior."
When reached on the phone on Friday, Oct. 17, Colton said he had no comment.
When asked how he knew Jim Lyons, Colton answered "I don't know him at all."
On April 16, police searched Colton's house, on a warrant, finding numerous computers, memory CDs, mini disks, zip drives, a digital camera and marijuana. Loose papers found at the home contained personal information about the Lyons, including phone numbers, dates of birth, social security numbers and the names of their two teenage sons.
The reports "indicate a pattern of harassment and intimidation of the victim, over a substantial period of time, involving all sorts of means and methods — both computer related, Internet-based, fraud, false reports — a very long list of offenses," Hashem said.
Hashem stopped short of linking the neighborhood's past disputes with Friday's court case.
"I can't speculate on a motivation. I don't know what issues in his (Bill Johnson's) mind prompted this. I have heard there are a number of issues between him and his neighbors, but it would be speculating to say that one incident drove him to do this. It can be inferred, but I can't make a statement on it," Hashem said.
Gail Johnson was arrested at her home, and Bill Johnson was arrested "as a result of a motor-vehicle stop, after he dropped his kids off at school" Friday morning around 8 a.m., said Hashem.
"Friday we felt we had enough probable cause to make an arrest. We had warrants for both Johnsons, and we executed them," he said.
The Johnsons both pled not guilty and posted bail. Their next court appearance is Nov. 19 for a pre-trial conference, said Ranta.
Ranta wrote a letter to the Andover Police Department in June, to let them know the Johnsons were available for arraignment, he said. The investigation was completed in August, he said. The case was covered by Boston television stations and newspapers.
"My belief is that the arrest was done in attempt to have TV news crews there, for exposure for the district attorney's office," said Ranta. "This case has been languishing for four months. I don't know what could have possibly occurred, as far as new evidence, since last Thursday night, which prompted them to make the decision to arrest my clients ... The only imperative that I can see is the need of publicity."
When reached by phone on Tuesday, Oct. 21, Gail Johnson forwarded all questions to her lawyer, Susan McNeil. McNeil could not be reached for comment before Townsman deadline.
Julie McLeod, a neighbor of the Johnsons on Andover Street, said Bill Johnson has established a reputation with neighbors and town departments.
In 2007, Johnson was given a cease-and-desist order by the town for dumping construction materials and landscaping debris on an undeveloped lot he owns behind his home. Both Jim Lyons and McLeod were quoted in a June 2007 Andover Townsman article inferring that Johnson was dumping the debris in retaliation to their opposition to his plan to build on that lot.
"He's made it clear that 'it's my way or the highway,'" she said. "He refers to us as the crazy neighbors, those that's trying to stop his development."
McLeod said she believes Jim Lyons was the target of the Johnson's alleged harassment because he was a leader in the neighborhood's opposition to Johnson's building plans.
Jim Lyons said he did not want to comment for this article. He and his wife, Bernadette, issued the following statement:
"We would like to thank Detective Bill Wallace and Patrolman Chad Cooper of the Andover Police Department for their diligence in this investigation. Also we extend our gratitude to District Attorney Maura Officer for her efforts in this case."
"There are always these types of harassment and intimidation cases, but what makes this one stand out from the rest is the extent these people (the Johnsons) went to to harm these people (the Lyons family) - from stealing their identity, fraud, and the ease of which it was conducted over the Web," Hashem said. "It's harassment, it's intimidation. You hate to say it's common, but it happens."
