The highly anticipated jury trial of former Hopkinton Police Deputy Chief John “Jay” Porter was rescheduled for May 19 at Middlesex District Court in Woburn, court records show.
On Thursday, Porter’s defense team, led by Worcester-based attorney Leonardo Angiulo, filed a motion to continue the trial, which was scheduled to begin on May 12 after several delays. According to masscourts.org, the trial originally was scheduled for May 7, 2024, only two days before the anniversary of when Porter pleaded not guilty to three counts of child rape; it was rescheduled for Sept. 16, 2024. On March 28, 2024, it was rescheduled for Dec. 9, 2024, at the request of the attorneys on both sides because of “outstanding discovery.” On Oct. 30 of last year, the date was moved to the May 12 of this year at the request of the defendant.
Judge Michael Pineault approved the rescheduling to May 19.
There was a flurry of pre-trial activity on Wednesday. according to court records. Several in limine motions were filed on both sides. An in limine motion is made in court before the jury is seated. If granted, it instructs “the court to order the opposing party, its counsel and witnesses not to talk about, or even mention, certain facts or evidence in the presence or hearing of the jury,” according to legaldictionary.net. No one would be allowed to bring up those facts without the court’s permission, and requests must be made outside the jury’s presence.
Included in the commonwealth’s in limine motions were motions to introduce a photograph of the complainant and the evidence of her first complaint. In limine motions also were made to admit the identification of the victim and a witness in court and to “preclude reference to any alleged ‘bad character’ and any prior ‘misconduct’ of the victims and/or witnesses.”
Porter’s defense team countered with its own in limine motions, including one to sequester the jury. It sought to “limit use of childhood photograph of alleged victim” and exclude the use of the word “victim.” The defense also wanted to “exclude evidence of other crimes, wrongs or acts of the defendant” and prevent witness testimony “vouching for the credibility of alleged victim.”
The defense also made motions to “exclude photographs of alleged sexual assault in Newton” and to introduce photographs and a letter that were produced during Porter’s tenure as a school resource officer.
On Thursday, the defense filed Rule 17 motions for records from the Hopkinton Police Department, the Hopkinton Public Schools and the state’s Department of Children & Families. A Rule 17 motion is a summons for the attendance of witnesses as well as the production of documentary evidence and of objects, according to the mass.gov website. These motions were granted by Pineault on Friday.
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