Former Bourne selectman rape accusations: Next court date Nov. 6. What to know.
Former Bourne Select Board member James Potter faces assault charges from three alleged incidents in March of 2009, January of 2015 and April of 2022, according to Falmouth District Court records.
The charges against Potter include statutory rape of a child; two counts of indecent assault and battery on a child under 14; one count of indecent assault and battery on a person 14 or over; and rape, according to the records.
Potter, 44, was arraigned April 18 in Barnstable Superior Court and pleaded not guilty. Judge Mark Gildea did not find Potter to be dangerous to the community and released the defendant on $20,000 bail.
Potter appeared in court for a pre-trial hearing on July 24; and appeared again in court on Sept. 25. At that appearance, the commonwealth moved to restrict discovery of video recordings.
Potter will appear in court Nov. 6 for a Dwyer motion. Potter's attorney John Calcagni of the Law Office of John L. Calcagni III, Inc., did not return calls and emails to the Times.
Police reports regarding Potter's charges were not available in April at the courthouse clerk's office because the case was pending and because the report contained the names of underaged individuals who police and prosecutors allege to be sexual assault victims, according to Russ Eonas, who at that time was the second assistant district attorney for the Cape and Island District Attorney Office.
What is a Dwyer hearing?
At a Dwyer hearing, according to the state of Massachusetts, a judge will decide if certain records are privileged and relevant to a case against the defendant. Under the law, certain records including psychiatric or other counseling records may be confidential, or privileged. The purpose of the hearing is to determine whether a judge will order the records to be sent to court for the defendant's lawyer to inspect. If the judge allows the defendant's motion, the court will make privileged records available only to defense counsel, pending further order of the court.
If the records are privileged under the law, the court will assume that the defendant doesn't want to waive privilege at that time, unless a written waiver is provided before or during the hearing.
What was James Potter's role in Bourne town government?
Potter was elected in May of 2018 to the Bourne Select Board. He ran for re-election in May of 2022, but failed to win a seat, said Peter Meier, a member of the Select Board. Potter was chairman of the Bourne School Building Committee, beginning in 2014, and was chairman of the Bourne Sewer Commission during his time on the Bourne Select Board. Potter also created and helped run the Bourne Community Engagement Committee, said Meier.
Potter also served on the Wareham Select Board, according to his campaign Facebook account, and the Wareham Sewer Commission.
Meier was shocked by arrest
For Meier, the nature of the charges pending against Potter is startling.
"Am I concerned? Yes," said Meier. "I'm shocked more than anything else."
Meier also believes in due process, and the competency of the justice system and the Cape and Islands District Attorney's Office, he said.
"Everyone is just waiting on what the outcome will be and I believe the process will be done the right way," said Meier.
Rachael Devaney writes about community and culture. Reach her at rdevaney@capecodonline.com. Follow her on Twitter: @RachaelDevaney.
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This article originally appeared on Cape Cod Times: James Potter, former Bourne selectman, in court Nov. 6 for rape case
