Potter Due In Superior Court For Hearing Nov. 6
James L. Potter, the former Bourne Select Board member facing multiple felony charges, including indecent assault and battery on a child and rape of a child, is set to appear in Barnstable Superior Court on Monday, November 6.
Mr. Potter was arrested and arraigned last August in Falmouth District Court on multiple felony charges, including multiple charges of assault and battery on a child and rape of a child. He pled not guilty to all charges and was released after posting $20,000 bail. The alleged offenses occurred during the years 2009, 2015 and 2022.
Court documents show Mr. Potter was indicted on all charges in Barnstable Superior Court earlier this year and entered a plea of not guilty on all charges on April 18. The full list of charges Mr. Potter faces, according to court records, is three counts of indecent assault and battery on a child under the age of 14, two counts of aggravated rape of a child and three counts of rape.
A pretrial hearing for Mr. Potter was held in Barnstable Superior Court on September 25. Court records show that at that time, the commonwealth’s motion to restrict discovery of video recordings was so ordered by the court.
The upcoming appearance on November 6, according to court documents, is a Rule 17 Hearing. That type of hearing, according to state law, typically occurs following what is called a Dwyer Motion from the defendant, asking the court to grant the defendant pretrial inspection of a third party’s records that are likely to be covered by statutory privilege—records, for example, like counseling or medical records, which would typically be confidential.
At the hearing a judge will determine both whether the records in question are privileged and if they are relevant to the case against the defendant, and ultimately decide whether those records should be sent to the court and accessed by the defense counsel.
Mr. Potter is a former member of several town boards and committees in Bourne. In addition to serving on the select board, he was chairman of the board of sewer commissioners, the school building committee and the community engagement committee.