Jay Porter (far right) stands with defense attorneys Maura Tansley and Leonardo Angiulo in court Tuesday. PHOTO/MARY ELLEN GAMBON

Jury selection concluded Tuesday morning as the final juror was chosen in the case of former Hopkinton Police Deputy Chief John “Jay” Porter at Middlesex Superior Court in Woburn.

Twelve individuals will be on the jury, while two will serve as alternates.

Opening arguments and the prosecution’s initial witness testimony will begin Wednesday. The first witness will be the woman who accused Porter of allegedly raping her when she was a Hopkinton High School student two decades ago and he was the school resource officer. Porter pleaded not guilty to three counts of child rape on May 9, 2023.

Judge Michael Pineault addressed the jury pool of 23 prospective candidates, thanking them for being willing to serve.

“In almost all cases, the defendant will exercise their right to a jury trial,” he explained, calling jurors the “fact finders” of a case who “come from all walks of life.”

Added Pineault: “Jury selection may be one of the most important processes in a trial.”

The judge warned that some of the allegations made against Porter may be graphic in nature. He said Porter has been accused of having sexual intercourse with the alleged survivor on Sept. 13, 2004, when she was 15. Also, between Jan. 1-5 of 2005, Porter was accused of having oral sex with her.

“Every person who is accused of a crime is presumed to be innocent of that crime,” Pineault said. “Mr. Porter does not have to do anything, explain anything or provide any evidence.”

The burden of proof lies with the prosecutor, Maren Schrader, to make her case, the judge explained. After the testimony, jurors will deliberate. While there is no set time frame for this, Pineault said their decision has to be unanimous and “beyond a reasonable doubt.” The trial is expected to conclude early next week.

After the final juror was selected, this juror asked the judge about the alleged survivor’s name. After hearing it, this person acknowledged attending high school with someone with the same name but at a different school. Pineault determined that this was not the same person and that this juror was eligible to serve.

Witnesses include police chief, Brennan

Witnesses expected to appear Wednesday afternoon include HPD Chief Joseph Bennett and Deputy Chief Scott van Raalten. Other HPD and Massachusetts State Police officers are expected to be called this week.

Schrader said she expects to call former HPD Sgt. Tim Brennan to the stand on Thursday. Brennan was terminated from the HPD in February 2024 after a contentious hearing process for failing to report what he knew about the alleged assaults to his supervisor.

Some residents objected to Brennan’s firing because of his history of positive interactions in the community and his efforts to protect the alleged victim. They started a petition to have him reinstated, held signs and put forward a nonbinding Town Meeting article in May of last year directing the Select Board to reappoint Brennan to the HPD with the same or similar duties. The article passed 219-99.

Judge discusses submission of evidence

After the potential jurors were thanked and dismissed, Pineault said he was reserving judgment about the defense’s request to submit letters to Porter from former HHS students that were found in a box in his office at the time. There also was a file on the alleged survivor in that box.

Defense attorney Leonardo Angiulo said he wanted to submit this information to show that the alleged survivor was “not that special to Mr. Porter.” He stressed that admitting the student letters was not to prove “a character issue” but to show that Porter kept in touch with several former students. Angiulo added that the alleged survivor’s file has been in Bennett’s custody.

“They will help Mr. Porter tell his side of the story,” he said of the letters, later adding that they show “the support he gave to her and lots of other people as well.”

Another piece of evidence that the judge may consider admitting is Brennan’s interview conducted as part of an investigation by Kroll Inc. of the alleged incidents and what Brennan learned from the alleged survivor about them.

Defense attorney Maura Tansley said this may be used to show that, as a mandated reporter, Brennan should have notified his supervisor. She explained that Brennan’s termination was the result of his not sharing this information.

Porter sat to the right of his attorneys during the proceedings, dressed in a dark gray suit and a light blue dress shirt.