Potter trial delayed again: DA’s case postponed by late motion
A last-minute motion has prompted another delay in the trial of District Attorney General Dale Potter.
Neither prosecutors nor defense counsel could be reached for comment Tuesday afternoon as to what prompted the delay on the eve of the trial which was to begin this morning. All that has been revealed is the trial has been reset for Sept. 16. It is also believed a hearing may be held Thursday to address the mysterious 11th-hour motion.
Potter was to begin trial on charges of extortion and official misconduct this morning in the case which has seen a wealth of delays over its more than two-year history. Potter is charged with inappropriate action in the child support case of Samantha Salamone, who says the district attorney offered to re-open her case only if she would write a letter to the editor of the Southern Standard, painting his office in a favorable light. The alleged incident happened in early 1999.
After reportedly taping a conversation with Potter concerning the child support issue, the tape was turned over to the TBI and a probe was launched. The evidence was then turned over to State Attorney General Paul Summers who chose not to pursue criminal charges after considering the evidence for several months.
Salamone then sought and was granted indictments against Potter through the local grand jury in February 2000. However, Potter’s trial was delayed in late 2000 when he requested an appeal of the indictments against him. The appeal took several months and the case was again delayed in mid-2001 while Potter’s office prosecuted two Myers Lane triple murder cases. Potter’s trial was once again continued in January of this year when his attorney, Bill Ramsey, had conflicts between Potter’s case and a federal case he was handling.
The most recent trial date was reportedly a firm one set by Special Judge Steve Daniel; however, the last-minute motion was apparently serious enough for him to again delay the case.
A panel of jurors, who were chosen by Daniel just last week, are now in limbo since it was hoped a fresh jury would be on hand to hear the Potter case. The court did not want to risk prejudicing any jurors should they hear Potter argue a criminal case before them prior to his case being heard.
According to Circuit Court Clerk Bernie Morris, it is unknown if the present jury panel will be allowed to hear any criminal trials before Sept. 16. Such a freeze on criminal jury trials could result in a major backlog in the local criminal court docket. Court officials hope to learn more about what delayed the case and the fate of the jury pool today.