http://www.rutlandherald.com/article/20101220/NEWS02/712209931
ublished December 20, 2010 in the Rutland Herald
Murder defendant wins access to medical record
BY MARK DAVIS
THE VALLEY NEWS
WHITE RIVER JUNCTION — A judge has ruled that a Springfield man charged with second-degree murder is entitled to review the medical records of the deceased, a decision that could help the defendant bolster his argument of self-defense.
Judge Patricia Zimmerman recently released to Kyle Bolaski’s attorney copies of previously confidential records of treatment that Vincent Tamburello received in Springfield Hospital days before he was shot to death in July 2008.
Her ruling provides little by way of explanation other than the “defendant made a particularized showing that the files were likely to contain evidence material to the defense.”
Springfield Hospital sought to keep the records sealed, citing federal rules of patient confidentiality.
Kevin Griffin, Bolaski’s attorney, argued that the records might contain important evidence and lead to other witnesses who could be called to testify at trial, scheduled to begin early next year.
Zimmerman agreed. In her ruling, the judge declined to say whether she would allow the records to be admitted into evidence during the trial. She also said that the records would remain off-limits to the public.
The July 2008 shooting at MacKenzie Field in Chester came after Tamburello, 32, and others had been feuding with Bolaski’s friends about a woman.
Tamburello, who recently had moved to Vermont from the Boston area, stepped out of his car with an ax, ran to Bolaski’s truck and hacked it several times. Bolaski, then 26, grabbed a .30-06-caliber hunting rifle from his truck and shot Tamburello in the left leg.
Tamburello fell to the ground, and Bolaski fired a second, fatal shot. Bolaski told police he fired the second shot because Tamburello had kept coming toward him, but the Vermont Medical Examiner’s office ruled that Tamburello died from a gunshot to his back.
Facing life in prison, Bolaski has pleaded innocent and is free on bail.
Since the shooting, Bolaski has claimed he acted in self-defense. Meanwhile, questions have lingered about Tamburello’s behavior in the days before he died.
Shortly before the melee in Chester, Tamburello was cited for two counts of disorderly conduct following an incident at the Urgent Care Center in Bellows Falls, according to media reports at the time. Police said Tamburello was harassing the medical staff, refused to leave and screamed obscenities at his girlfriend. Later, Tamburello sent a threatening text message to a friend of Bolaski’s, according to court documents.
Shireen Hart, attorney for the hospital, had argued that federal laws allow hospitals to disclose such records only to police and prosecutors.
Hart, based in Burlington, declined to comment.
The prosecutor in the case, John Lavoie, did not file a written objection to Griffin’s request.
Lawyers argued about the request during a November hearing, but Zimmerman closed the hearing to the public, citing patient confidentiality.
Murder defendant wins access to medical record
BY MARK DAVIS
THE VALLEY NEWS
WHITE RIVER JUNCTION — A judge has ruled that a Springfield man charged with second-degree murder is entitled to review the medical records of the deceased, a decision that could help the defendant bolster his argument of self-defense.
Judge Patricia Zimmerman recently released to Kyle Bolaski’s attorney copies of previously confidential records of treatment that Vincent Tamburello received in Springfield Hospital days before he was shot to death in July 2008.
Her ruling provides little by way of explanation other than the “defendant made a particularized showing that the files were likely to contain evidence material to the defense.”
Springfield Hospital sought to keep the records sealed, citing federal rules of patient confidentiality.
Kevin Griffin, Bolaski’s attorney, argued that the records might contain important evidence and lead to other witnesses who could be called to testify at trial, scheduled to begin early next year.
Zimmerman agreed. In her ruling, the judge declined to say whether she would allow the records to be admitted into evidence during the trial. She also said that the records would remain off-limits to the public.
The July 2008 shooting at MacKenzie Field in Chester came after Tamburello, 32, and others had been feuding with Bolaski’s friends about a woman.
Tamburello, who recently had moved to Vermont from the Boston area, stepped out of his car with an ax, ran to Bolaski’s truck and hacked it several times. Bolaski, then 26, grabbed a .30-06-caliber hunting rifle from his truck and shot Tamburello in the left leg.
Tamburello fell to the ground, and Bolaski fired a second, fatal shot. Bolaski told police he fired the second shot because Tamburello had kept coming toward him, but the Vermont Medical Examiner’s office ruled that Tamburello died from a gunshot to his back.
Facing life in prison, Bolaski has pleaded innocent and is free on bail.
Since the shooting, Bolaski has claimed he acted in self-defense. Meanwhile, questions have lingered about Tamburello’s behavior in the days before he died.
Shortly before the melee in Chester, Tamburello was cited for two counts of disorderly conduct following an incident at the Urgent Care Center in Bellows Falls, according to media reports at the time. Police said Tamburello was harassing the medical staff, refused to leave and screamed obscenities at his girlfriend. Later, Tamburello sent a threatening text message to a friend of Bolaski’s, according to court documents.
Shireen Hart, attorney for the hospital, had argued that federal laws allow hospitals to disclose such records only to police and prosecutors.
Hart, based in Burlington, declined to comment.
The prosecutor in the case, John Lavoie, did not file a written objection to Griffin’s request.
Lawyers argued about the request during a November hearing, but Zimmerman closed the hearing to the public, citing patient confidentiality.
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