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February 14, 2012

Murder defendant sees chance for release

His lawyer will seek bond if retrial is delayed

By Mike Carrels Phoenix Staff Writer

— A Council Hill man convicted of killing a Boynton man hopes to be released from jail if his new trial is postponed.

Clinton Riley Potts, 37, faces trial Feb. 27 on a charge of first-degree murder in the December 2004 death of Gregory Leroy Clark, 26. Potts was convicted of the killing in July 2009, but the conviction was overturned.

Potts’ attorney, Rob Nigh, said that if Potts’ trial is postponed, he intends to ask for a bond hearing.

Muskogee County Assistant District Attorney Dan Medlock agreed to inform Nigh by Friday on whether the DA will seek a continuance. The agreement was reached during a discovery motions hearing Monday in Muskogee County District Court in which both sides exchanged names of witnesses they intend to call to testify, with a summary of the testimony.

“We don’t plan on asking for a continuance,” Muskogee County District Attorney Larry Moore said.

Potts smiled and stroked his chin during the hearing. After talking briefly with Nigh, Potts smiled and pumped his fist.

Nigh said, “We also were informing the state specifically about an alibi witness we intend to call at the trial.”

Potts was convicted of first-degree murder after a 10-day trial in July 2009.  According to trial evidence, Potts shot Clark in the arms and beat him with a tire tool. He was sentenced to life in prison without parole.

The Court of Criminal Appeals overturned Potts’ conviction in August 2011, ruling that he was denied a fair trial because his defense attorney did not adequately investigate the case and subpoena material witnesses. Potts was returned from state custody to the Muskogee County/City Detention Facility, where he remains.

The killing allegedly stemmed from a feud involving a woman who was said to have left Potts and moved in with Clark for a day.

Reach Mike Carrels at (918) 684-2922 or mcarrels@muskogeephoenix.com.

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