Bolaski released to await new murder trial

A former Springfield resident who spent the last two years behind bars for a murder conviction walked out of jail Tuesday to await a new trial ordered by the Vermont Supreme Court earlier this year.
http://rutlandherald.com/article/20140618/THISJUSTIN/706189963

Bolaski released to await new murder trial By ERIC FRANCIS CORRESPONDENT | June 18,2014 WHITE RIVER JUNCTION — A former Springfield resident who spent the last two years behind bars for a murder conviction walked out of jail Tuesday to await a new trial ordered by the Vermont Supreme Court earlier this year. Kyle Bolaski, 30, left the Springfield jail after family members posted $100,000 bail set by Judge Karen Carroll on Monday. He was convicted of second-degree murder in 2011 for the 2008 shooting death of Vinny Tamburello, who at the time was a recent transplant from Massachusetts. According to trial testimony, the shooting took place Aug. 17, 2008, at a Chester softball field, the climax of escalating tensions between Tamburello and a group of men that included Bolaski. Tamburello did not know Bolaski specifically. Tamburello carried a splitting maul as he approached the men and smashed the windows of Bolaski’s pickup, according to testimony, and Kyle Bolaski shot him twice with a deer rifle. Witnesses said Bolaski yelled, “You all saw it! It was self-defense!” Bolaski was convicted of second-degree murder and sentenced to serve 25 years to life. But he appealed and the Vermont Supreme Court eventually overturned the verdict, saying the judge erred in her instructions to the jury. Bolaski lost his initial bid to be released on the same bail conditions imposed before his conviction. Defense attorney Brian Marsicovetere appealed and the state Supreme Court ordered another bail review hearing, which took place two weeks ago. In her written decision, Carroll rejected the argument of special prosecutor John Lavoie, who said that Bolaski had a greater incentive to flee because already he’d been convicted of murder once. The judge said Bolaski also “may have more incentive than ever to ‘stick around’ and see his case through in hopes of a different outcome this time.” Carroll concluded, “In sum, the court finds that the defendant’s ties to the community and the support from his father outweighs any risk of flight posed by the knowledge he was previously convicted of the murder charge.” Bolaski has been released into the custody of his father, David Bolaksi, who told the court earlier this month he would monitor his son’s compliance with pre-trial conditions. Kyle Bolaski is expected to work at his mother’s business in Chester as he helps his defense team prepare for his new trial.