Final filings in for Bolaski trial

The State vs. Bolaski trial will begin Monday, May 9. On Thursday, the State and the defense filed separate motions regarding Vincent Tamburello's medical records. Judge Zimmerman will make a decision next week.

http://www.rutlandherald.com/article/20110429/NEWS02/704299859

Published April 29, 2011 in the Rutland Herald
Final filings in for Bolaski trial

By Christian Avard

WHITE RIVER JUNCTION — Judge M. Patricia Zimmerman said Thursday it is time move on. On Monday, May 9, the State vs. Bolaski trial will finally begin, two years after Vincent Tamburello’s death.

“This case needs to be tried and come to a closure,” Judge Zimmerman said.

In August 2008, Kyle Bolaski of Chester allegedly shot and killed Tamburello of Springfield stemming from a confrontation at McKenzie ball field in Chester. Bolaski faces five charges: Murder in the second degree, manslaughter, aggravated assault with a weapon, marijuana possession and a violation of conditions of release.

Before the trial begins, Zimmerman will need to make a decision on two final motions that were filed at Windsor Criminal Court in White River Junction on Thursday.

Defense attorney Kevin Griffin filed a motion requesting that Zimmerman release Tamburello’s medical records for the trial. Franklin County Deputy State’s Attorney John Lavoie filed another motion requesting that they remain sealed.

The debate over Tamburello’s medical records goes back to a previous motion filed on Nov. 29, 2010. Griffin asked that Tamburello’s medical records be released because Tamburello was out of control when he confronted Bolaski, according to eyewitnesses. He said Tamburello may have received mental health treatment prior to his death and the medical records could validate the eyewitness accounts.

Lavoie argued that the case should focus “on the essential facts.” He said the facts were not about Tamburello’s mental state at the time of his death but whether Bolaski’s alleged actions were deliberate or in self-defense. “That should be the jury’s focus in this case,” Lavoie said. “The evidence ... would divert the jury’s focus on the events of that day.”

Griffin said he anticipated Lavoie “would use this argument.” According to Griffin, Tamburello was showing symptoms of violence leading up to his slaying. Griffin said that prior to the shooting, Tamburello confronted a man who allegedly burglarized his home and was cited for disorderly conduct. He was given a no trespass citation at a Springfield Rite-Aid for an alleged theft, and two more at Bellows Falls Hospital and Springfield Hospital where he was receiving treatment, according to Griffin.

“It’s not our intent to try him for disorderly conduct or to show he stole something. It’s in the sequence of events that we are trying to show how Tamburello was deteriorating before the shooting itself,” Griffin said.

Lavoie maintained the information was irrelevant and Tamburello’s medical records should remain sealed.

“Tamburello’s credibility cannot be an issue. He’s not going to testify. So why are we attempting to paint (Tamburello) in a particular way to attack and destroy his character? So they will look at him in a particular way that the defendant could not have known because the defendant didn’t know him. They did not have a prior relationship,” Lavoie said.

Zimmerman will decide by next week if she will allow Tamburello’s medical records to be released. The jury draw is to take place on Wednesday.