Former N.H. Firefighter/EMT has Trial Date for 2013 Arson Charge
Dec. 18--DURHAM -- Gregory Potter, a former Peterborough on-call firefighter and EMT, will be on trial for arson at Strafford County Superior Court next month.
Potter, 23, of 674 Greenfield Road in Peterborough, has been charged with five counts of arson after he allegedly set fire to a number of occupied structures in Durham on Feb. 2, 2013. Potter also faces a count of falsifying physical evidence because he allegedly removed photos of one of the fires from his cell phone with the intention to impair the investigation.
During a final pretrial hearing Wednesday morning, attorneys agreed to a start date for Potter's trial. Jury selection will begin on Jan. 5, 2015. Opening statements will begin on Jan. 6, according to Assistant County Attorney Timothy Sullivan.
There has been no decision made about whether or not statements Potter gave to officials will be admissible during his upcoming trial. At a hearing to suppress evidence in September, Timothy Harrington of Shaheen & Gordon in Dover said Sgt. Frank Daly of the Durham Police Department ignored Potter's requests to speak with an attorney about the case on multiple occasions.
Instead, Daly continued to pursue opportunities to interview Potter, even showing up at his workplace unannounced with District Fire Chief John Southwell of the New Hampshire Office of the State Fire Marshal, Harrington said.
This, Harrington claims, was a violation of Potter's constitutional rights.
Potter allegedly made incriminating statements to Deputy Chief Keith Rodenhauser of the Peterborough Fire Department on Feb. 13, 2013, the day he was visited by Daly and Southwell at work.
Potter resigned from the Peterborough Fire Department in April of 2013.
Potter's attorneys also want evidence obtained from his cell phone suppressed. They claim the state obtained it illegally because there was no probable cause linking criminal activity and Potter's phone.
On Wednesday, Sullivan said the September hearing was continued until November. Judge Steven Houran has not yet released his decision about the incriminating statements or cell phone evidence.
Last year, Durham's Deputy Police Chief Rene Kelley said the occupants at 4 Smith Park Lane were nearly killed by Potter's alleged actions on Feb. 2, 2013. At approximately 3:30 a.m. they awoke to the sound of a fire crackling. Heavy smoke filled the air of their apartment, Kelley said.
Kelley said the apartment on Smith Park Lane was attached to a private residence and was not rented to students at the University of New Hampshire.
Potter also allegedly set fire to four Main Street buildings. They were multiunit apartment structures with renters from UNH.
Potter was not a student at the university at the time of the fires. He attended UNH from September 2009 to December 2009 and from September 2010 to December 2010.
Each of the arson charges carries a sentence of 7 1/2 to 15 years in prison and a fine of $4,000.
If found guilty of falsifying physical evidence, Potter could serve 3 1/2 to 7 years in prison and be required to pay a fine of $4,000.
Sullivan said he expects Potter's trial will last between two and three weeks.
Copyright 2014 - Foster's Daily Democrat, Dover, N.H.
