POTTER FOUND NOT GUILTY: Salamone makes scene, gets barred from courtroom
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The announcement was met by a nod of thanks toward the jury by Potter, who mouthed a thank you in the direction of the tribunal which had just acquitted him on felony charges of official misconduct and extortion. The alleged victim, Samantha Salamone, was not present for the verdict after being banned from the courthouse earlier in the afternoon after she made a scene during closing statements, saying the defense was lying about her.
It was Salamone who two years earlier had obtained indictments from the grand jury, saying Potter would only re-open her child support case if she wrote a letter to the editor about his child support office. Her mother had written a critical letter weeks earlier. Salamone caught Potter on tape making the offer, prompting a TBI probe of the prosecutor.
While the prosecution spent time trying to prove Potter made the statement to Salamone, proof that included the tape Salamone made of the phone conversation, Potter readily admitted he directed her to write a letter to the editor before re-opening her case. However, during his appearance on the stand, Potter said he did not think his actions were illegal.
“I didn’t know I was anywhere near breaking the law,” Potter testified. “I just wanted her to tell the truth. I’m more protective about my office than I am myself. I never wanted anyone to lie about anything.”
Potter admitted in hindsight he would have gone about the situation differently.
“But that’s hindsight,” Potter said. “I never intended to be sitting in that chair as a defendant.”
Potter, who had to pause his testimony several times to choke back tears, recalled overcoming poverty to earn his law degree, telling jurors he would lose his job if convicted. Potter added he had made many enemies during his time as both public defender and DA. Salamone, who was sitting near the back of the courtroom, shook her head in the negative as Potter testified.
Earlier, Salamone had testified Potter told her to write a favorable letter to the editor; however, the defense, led by Bill Ramsey, produced her earlier statement to the TBI where she told agents she was asked to correct mistakes in her mother’s earlier letter. The defense also went on the attack during Salamone’s testimony, pointing out she had been convicted of hindering secured creditors.
The long wait for a verdict following the trial led to tense moments for both the state and defense. Jurors were moved from the jury room about four hours into their deliberation after the small room became too hot. They finished their deliberation in the judge’s chambers, filing out just in front of the defendant’s table as they returned, with only one juror looking in the direction of Potter. A large crowd was assembled in the court gallery to hear the verdict.
Ramsey did a small dance of celebration after court was dismissed while prosecutors quietly filed out of the courtroom, waving off comment from the press.
“It’s a shame it ever went this far,” Ramsey said, while working his cell phone to inform friends of the victory. “He wasn’t guilty and never has been guilty.”
Potter said the result has maintained his faith in the jury system.
“It goes to show you the jury system does work,” Potter said. “Twelve people were able to hear the evidence, deliberate and come to the right decision.”
Potter also said his time as a defendant has given him a different perspective which he will use as a prosecutor.
“This has given me a different perspective on all of it,” Potter said. “I will make sure anyone we have up here is guilty beyond a reasonable doubt. If not, I will have the guts to dismiss their case.”
The trial saw 20 witnesses for the state and four for the defense, with Salamone being subpoenaed by the defense after she was not called by prosecutors.
While his criminal charges are gone, Potter still faces some hurdles. He is still saddled with a sexual harassment suit filed by former assistant prosecutor Jean Gilchrist-Brock. He is also waiting for a ruling by the Board of Professional Responsibility which could take action against him for his conduct in the Salamone case. A representative from the board was reportedly in the courtroom during the trial.