Kathleen Martins to be deposed in case involving New Bedford Greater VocTech Student Jacob Pothier’s death

A Massachusetts Superior Court has ruled that Kathleen Martins, the former security officer at Greater New Bedford Vocational Technical High School who was allegedly in a sexual relationship with student Jacob Pothier when her car crashed killing Pothier, can be deposed by the Estate of Pothier in their soon-to-be wrongful death civil suit against the school.

The estate of Pothier, who was just 18 at the time of his death in January of this year, sent a letter of intent to the school this summer, alerting them of their intent to take legal action against the district and it’s superintendent for a failure to protect Pothier from Martins. The family asserts that the district and staff knew about the relationship between Martins and Pothier, who they say was 15 years old when it started, which resulted in his death.

Court records show that in a hearing that took place on October 29th, the Honorable Susan E. Sullivan ruled that the plaintiff in the case, the estate of Jacob Pothier, may conduct the requested deposition. Attorney Scott W. Lang represents the estate.

Attorney’s for both Martins as well as VocTech filed motions to dismiss the complaint to have Martins deposed, both of which were denied.

Pothier’s estate filed documents in September stating that Martins was no longer under conservatorship and there was an urgency to depose Martins in the matter. Martins was allegedly injured in the crash and was unable to make decisions for herself during her recovery. A request for conservatorship was entered into Fall River Family and Probate Court earlier this year by Southcoast Hospital Group. Since then, Martins has regained capacity and in September, the conservatorship was removed.

The Bristol County District Attorney’s office has yet to issue any statement on the case other than to say it is ongoing. Sources tell Fall River Reporter that further testing on crash site related items was continuing as late as last month. The family claims that Pothier’s phone, which they said pinged at the site where the crashed vehicle was towed after the crash, has never been returned to them, despite police officers telling them they had it and would give it back.

Speaking with the personal representative for the estate, aunt Jennifer Letendre gave us an exclusive statement on the latest updates:

“As the personal representative for my nephew, Jacob Pothier’s estate, my family and I were cautiously optimistic with the judge’s ruling giving permission for Martins to be deposed. She has been working since June. She is living her life while Jacob missed out on summer family vacation, missed his senior year of high school and football. She is free to live with no consequences for her actions before or after the crash.

Our family hopes this ruling by the presiding justice will also nudge the Bristol County DA’s Office and the MA State Police to investigate and communicate with Jacob’s family. Not a day goes by where Jacob is not missed by his parents, siblings and extended family. Jacob was a presence in our life and the lives of those who knew him. I will work to get justice and answers related to Jacob’s case until I cannot fight anymore.”

A request for comment from the Bristol County District Attorney’s office received no response by the time we went to print with this article.