WILMINGTON — James Osborne, a convicted felon and registered sex offender, appeared in federal court Tuesday on voter fraud charges. Due to concerns of Osborne being a flight risk, the judge ordered he remain in custody until his case is presented to a grand jury.
The 36-year-old faces two counts of alleged voter fraud, which each carry a maximum sentence of five years in prison. Because of the recent charges, the judge could also revoke Osborne’s supervised release, which he has been on since January 2023 following a child pornography conviction. If revoked, Osborne could face another two years in detention.
READ MORE: Voter fraud case: Feds arrest convicted felon involved in school-board race scandal
A March 31 probable cause and detention hearing took place in downtown Wilmington at the Alton Lennon Federal Building. Osborne was arrested last week by U.S. Marshals after the FBI investigated him for voting in Brunswick and New Hanover counties, as well applying to change his voter registration, both illegal for convicted felons on supervised release.
G. Alan Dubois, the public defender assigned to the case, requested a “third party custodian” be named to allow for his client’s pre-trial release. A third party custodian supervises the defendant around the clock. The defense submitted Rick Southerland as Osborne’s custodian, also present Tuesday in support of Osborne.
Southerland, Osborne’s roommate for the last three years, ran for the New Hanover Board of Education, and Osborne was an active member of his campaign. Southerland placed fourth in the primary, but withdrew his candidacy two days after the election following a WHQR report revealing Osborne is a registered sex offender.
According to Dubois, Southerland was willing to cut off internet access in the household, and would be available and able to transport Osborne to court. In addition, Southerland’s mother and brother, who live with the two men, reportedly agreed to Osborne’s pre-trial release.
Port City Daily reached out to Southerland for a statement but did not hear back by press.
Dubois explained Osborne had ties to the area, due to his elderly grandmother living in the region, and being an active member of the community through volunteering with local organizations like Meals on Wheels, which provides food for seniors and homebound residents.
Special Assistant U.S. Attorney Matthew R. Petracca, though, requested the pre-trial release be denied.
The prosecution considered Osborne a flight risk due to having multiple former addresses, historically providing “fictitious” statements, and violating conditions of his supervised release for a felony on several occasions. The prosecution noted Osborne’s stayed in California and Illinois prior to living in Virginia as well.
Osborne has lived in North Carolina for roughly three years. Before that, he lived in Virginia, where he was convicted of one count of possessing and transporting child sexual abuse imagery and received a sentence of 36 months in prison, 15 years of supervised release, and a place on the national sex offender registry list.
Osborne maintains his possession of child pornography was an attempt to find records of his own childhood abuse. He claims he was kidnapped, drugged and raped as a child and in 2020 learned a video of his abuse was circulating on the internet. He downloaded the material off the Telegram application, but reportedly deleted the content after viewing disturbing imagery. However, the imagery stayed on his memory card.
The prosecution stated publicly Tuesday Osborne’s initial April 2020 arrest came after someone — court documents label the person “SH” — reported they witnessed Osborne interacting with child pornography. This was backed in previously published court documents related to the case in Virginia.
According to the statement of facts — and signed by Osborne — SH and the defendant were in communication on Grindr, a gay dating app, whereupon Osborne asked if SH was “into kiddie porn.” SH called the police after saying they discovered Osborne masturbating to a video of a 5-year-old being sexually abused while in SH’s hotel room.
Court documents note after responding to the report, Virginia Beach Police Department officers found the video of the minor in question. They executed a search warrant for Osborne’s phone thereafter, which yielded more than 180 videos depicting minors being sexually abused, according to the prosecution and court documents from Virginia.
As the information was revealed in court on Tuesday, Osborne shook his head in seeming disagreement at the prosecution’s recounting. He was escorted in, wearing an orange jumpsuit with the words Onslow Co Detention scribed across the back.
Osborne is not allowed to vote in elections until his sentence ends in January 2038. The FBI complaint indicates, however, he voted on Nov. 5, 2024 and Feb. 25, 2026; he also requested a provisional voting application to change his registration from Brunswick to New Hanover county on Nov. 4, 2025.
Osborne told WWAY about voting in the 2026 primary election that he “learned that the Second Chance Act of 2007 isn’t currently active in North Carolina.” The act was passed to help individuals reintegrate into society and provides funding for preventing recidivism and charge expunction. It does not permit convicted felons to vote.
FBI agent Julia Hanish, who investigated the voter fraud case, testified Tuesday that in an interview with investigators Osborne admitted to voting in recent elections. She received Osborne’s voter history from the North Carolina State Board of Elections; Port City Daily reached out to the state board to ask how Osborne’s ballot was discovered to be false but did not hear back by press.
In order to vote, every voter must check off: “I have not been convicted of a felony, or if so, I have completed my sentence (including any probation, post-release supervision, or parole).”
Allegedly, Osborne falsely confirmed as much, considered perjury.
Hanish wrote in her affidavit for an arrest warrant that Osborne visited Belville Elementary School in Brunswick County to vote in the 2024 presidential election. North Carolina state law prevents sex offenders from being within 300 feet of a school building, but registered sex offenders that can vote — allowed after they have served their sentences and are no longer on supervised release — must gain special permission from a principal to vote at a school precinct, only occupy the voting area, and leave the premises immediately after casting a ballot.
Dubois did not deny Osborne voted at the school; though, he stated he was only aware of Osborne voting at the New Hanover County library.
Osborne failed multiple drug screenings with his probation officer, Henry Ponton III, as discussed in court. Urinalyses from October 2024 confirmed the presence of meth and THC; another conducted in April 2025 found THC, meth, and other amphetamines. Both incidents resulted in a curfew and electronic monitoring for 60 days.
“It’s clear he has not followed the rules,” Petracca told the judge.
The defense argued the last drug test was nearly a year ago, on April 17, 2025, and despite the failed screenings, Osborne never absconded or failed to appear for a home or office visit with Potham. Dubois also noted Osborne has been receiving dual treatment for substance use and mental health issues from Coastal Horizons, a treatment center based in Wilmington.
Petracca further pointed out each of the drug-use violations noted during Osborne’s supervised release were while he lived with Southerland.
“If he was living with this individual for three years, then he was present [for the violations],” Petracca said.
The judge inquired what confidence he should afford Osborne, given the supervised release violations; Dubois argued Osborne had never been offered pre-trial release and would have a higher incentive against violating it because doing so would accrue higher penalties.
Ultimately, the judge concluded probable cause was found and determined detention “was appropriate in this case.”
[Ed. note: The article has been updated to correct “Potham” to “Ponton.”]
Have tips or suggestions for Emily Sawaked? Email [email protected]
At Port City Daily, we aim to keep locals informed on top-of-mind news facing the tri-county region. To support our work and help us reach more people in 2026, please, consider helping one of two ways: Subscribe here or make a one-time contribution here.
We appreciate your ongoing support.
