Trial of ex-Bourne select board member set for July 15. He is charged with child rape.

Rachael Devaney, Cape Cod Times
·2 min read

Former Bourne Select Board member James Potter appeared in Barnstable County Superior Court April 2 for a trial conference after being charged with rape of a child and other offenses last year.

Charges against Potter include three counts of indecent assault and battery on a child under age 14; two counts of aggravated rape of a child; and three counts of rape, according to court records.

Potter faces charges from alleged incidents in January 2009, January 2012, January 2013, March 2013, January 2014, and January 2015 and April 2022, according to court documents.

Potter, 44, pleaded not guilty at his April 18, 2023 arraignment. Judge Mark Gildea did not find Potter to be dangerous to the community and released the defendant on $20,000 bail.

Barnstable Superior Courthouse
Barnstable Superior Courthouse

During Potter's most recent court appearance, the defense was allowed to view privileged medical records, according to court documents. A protective order was also issued for defense counsel access to presumptively privileged records. Potter's attorney, John Calcagni, of the Law Office of John L. Calcagni III, Inc., told the Times he couldn't comment on the case.

Danielle Whitney of the Cape and Islands District Attorney's Office returned calls to the Times but said she couldn't comment on the case.

Potter will appear in court June 28 for a final trial conference; and July 15 for a jury trial.

Potter appeared in court previously for a Dwyer hearing

Potter appeared in court for a pre-trial hearing on July 24; and appeared again in court on Sept. 25. At that appearance, the state moved to restrict discovery of video recordings.

Potter also appeared in court Nov. 6 for a Dwyer hearing.

What is a Dwyer hearing?

At a Dwyer hearing, the judge sets out the rules for a defense counsel in a sexual assault case to see the victim's counseling records while at the same protecting a defendant's due process rights.

What was James Potter's role in Bourne town government?

Potter was elected in May 2018 to the Bourne Select Board. He ran for re-election in May 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.

Rachael Devaney writes about community and culture. Reach her at rdevaney@capecodonline.com. Follow her on Twitter: @RachaelDevaney.

Thanks to our subscribers, who help make this coverage possible. If you are not a subscriber, please consider supporting quality local journalism with a Cape Cod Times subscription. Here are our subscription plans.

This article originally appeared on Cape Cod Times: Trial date set for ex-Bourne select board member charged with rape