Missing records delay appeal

  • A Superior Court judge sentenced ex-firefighter arsonist Gregory Potter to 4 to 14 y ears in prison. Benji Rosen—Staff photo by Benji Rosen

Monadnock Ledger-Transcript
Monday, April 18, 2016 8:5PM

Convicted arsonist Gregory Potter was in court Monday, as his lawyer, prosecutors and the judge began the process of reconstructing a transcript of two days of testimony that were never recorded.

The audio transcripts must be reconstructed for the N.H. Supreme Court to hear Potter’s appeal. The parties met at a hearing in the Dover court yesterday to start the process.

A former Peterborough firefighter convicted of arson for fires set one night in Durham in 2013, Potter appealed his conviction in late August. When the state Supreme Court began to prepare trial transcripts to start the appeal process, it discovered audio for two days of testimony was never recorded, according to Carole Alfano, the public information officer of the N.H. Judicial Branch. 

The absent audio records are from Jan. 14. and Jan. 29, 2015. The Strafford County District Attorney, who prosecuted Potter, filed its own appeal in October, requesting a sentence review the N.H. State Prison will conduct.