Published May 12, 2011 in the Rutland Herald
Juror dismissed in murder trial
By Christian Avard
WHITE RIVER JUNCTION — Testimony in the Kyle Bolaski trial was delayed on Wednesday when a juror admitted that she followed the case in November 2008.
Earlier in the case, a grand jury dropped second-degree murder charges against Bolaski of Chester, who shot and killed Tamburello of Springfield in an August 2008 confrontation at MacKenzie ball field in Chester, according to court records.
The grand jury ruled the shooting was in self-defense and Bolaski should be tried for aggravated assault. Windsor County State’s Attorney Robert Sand left the case and Franklin County State’s Attorney John Lavoie agreed to try Bolaski for second-degree murder.
“During yesterday’s cross-examination, I heard the defense mention the grand jury testimony. I had a recollection of that. I followed (the case) loosely and then it went away,” the juror said.
Defense attorney Kevin Griffin said the juror’s memory was “vague” and the juror did not have an opinion of the new trial one way or the other. Judge M. Patricia Zimmerman disagreed and excused the juror.
Once the trial resumed, Tracey Canino of the Vermont Forensics Laboratory testified that she conducted serology tests on Bolaski’s .30-06 caliber rifle, which police said he used to shoot Tamburello. According to Canino, serology is the study of blood and bodily fluids. Canino examined the rifle and found “presumptive” positive results on the metal barrel area of the rifle. Griffin asked “It could be blood, but we don’t know, right?”
“Correct,” Canino said.
The prosecution argues Bolaski shot Tamburello in the left thigh and back and beat him with the butt of the .30-06. Lavoie asked whether Tamburello’s blood could still transfer to the rifle, even if the results were not conclusive. Canino answered “Yes.”
State Medical Examiner Dr. Elizabeth Bundock was called back to retestify. Bundock conducted an autopsy on Tamburello. On Tuesday, Bundock was shown a photo of Tamburello’s face. The photo showed blunt trauma injuries above and below Tamburello’s left eye. Upon further review, Bundock concluded that one of the impacts was consistent with a the butt of a .30-06 caliber rifle. Griffin appeared surprised that Bundock revisited the issue after Tuesday’s testimony. He asked Bundock if she could confirm whether the butt of a .30-06 rifle was used. Bundock responded, “I can’t always tell you this is it.”
Steven Pippin of Chester was called to testify. He was at MacKenzie ball field playing in a softball tournament at the time of the shooting. According to Pippin’s recollection, he saw a group of people show up at the ball field. He heard from a fellow softball player that an incident was about to take place between a group of people and a person was offering money “to protect someone” or “beat someone up.” When asked who made the offer, Pippin said it was a friend of Bolaski’s.
“I know him as an acquaintance through softball,” Pippin said.
Pippin recounted the events leading up to the shooting of Tamburello. According to Pippin, Tamburello was hitting Bolaski’s car with an ax and Bolaski came around his car and pointed his rifle at Tamburello. Pippin said Tamburello “froze,” heard three gunshots, and saw Tamburello on the ground. After the shooting, Pippin said he saw a person kicking Tamburello and identified that person as Bolaski’s friend.
“I focused on him because I knew him,” Pippin said.
The Bolaski trial resumes Thursday morning.
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