Prosecutor, witness engage in verbal sparring at murder trial

Thursday's testimony during the State vs. Bolaski gets heated between the Franklin County State's Attorney and his witness.

http://www.rutlandherald.com/article/20110513/NEWS02/705139873

Published May 13, 2011 in the Rutland Herald

Prosecutor, witness engage in verbal sparring at murder trial

By Christian Avard

WHITE RIVER JUNCTION — Thursday’s testimony at the State vs. Bolaski trial got heated as the Franklin County State’s Attorney John Lavoie accused a witness of lying, while the witness claimed he was given testimonial immunity. The disagreement went back and forth until Judge M. Patricia Zimmerman stepped in and halted questioning.

Tristan Blanchard, of Chester, took the stand for the second day in a row in criminal court in White River Junction. Blanchard is a friend of Kyle Bolaski, of Chester, who shot and killed Tamburello, of Springfield, in a confrontation at MacKenzie ball field in Chester.

Blanchard recounted events leading up to Tamburello’s death on Aug. 17, 2008. The day before, Tamburello, his ex-girlfriend Julie Kronberg, and her friend Kirby Donahue visited Blanchard’s apartment. According to Blanchard, Tamburello took $40 worth of marijuana and Blanchard followed Tamburello, Kronberg, and Donahue to Ellen Kronberg’s house, where they were living at the time. A fight broke out between Tamburello and Blanchard’s friend Gib Bastian that evening and the Springfield police broke it up. No arrests were made.

The next morning, Blanchard said, Bolaski, his brother Corey, and their friend Jerry Ucci picked Blanchard up in Corey Bolaski’s truck. According to court records, Blanchard saw a rifle in the truck. The rifle was Kyle Bolaski’s .30-06. Blanchard said he told the Bolaskis and Ucci that Tamburello “was following him.” Ucci spoke with Donahue and Tamburello to sort things out and the conversation lead to a meeting at MacKenzie ball field.

Lavoie asked Blanchard if Ucci organized a meeting with Tamburello at MacKenzie ball field. Blanchard said he could not remember. When Lavoie asked Blanchard if he was looking for the Bolaskis’ help, Blanchard responded, “They called me and came to my house. I didn’t ask for help.”

According to Lavoie, the Bolaskis took Blanchard back to their apartment. They then took Kyle Bolaski’s truck to the ball field and Kyle Bolaski transferred his .30-06 rifle from Corey Bolaski’s truck to his. Corey Bolaski also picked up his .22-caliber rifle.

Lavoie asked Blanchard if it was his idea to get a second rifle. Blanchard said it was Corey Bolaski’s idea. Lavoie asked if Corey Bolaski insisted that Blanchard take the second weapon. Blanchard said it was given to him “for his safety.” Lavoie pressed Blanchard and asked if the guns were a factor in confronting Tamburello. Blanchard said, “No, they are hunters. They always have guns.”

Lavoie asked Blanchard if he was being truthful “to the best of his knowledge.” When Blanchard asked what that meant, Lavoie told Blanchard he had lied under oath “several times.” Blanchard then said Lavoie gave him testimonial immunity, to which Lavoie replied, “There is no agreement between us.”

Lavoie then said Blanchard had been given testimonial immunity but “it did not include perjury.” According to Lavoie, Blanchard lied before a 2008 grand jury, in his deposition, and under oath.

“You did it again,” Lavoie said. Blanchard responded, “Show me where?”

Zimmerman called Lavoie and defense attorneys Kevin Griffin and Elizabeth Kruska together. Shortly after they met, Zimmerman said to Lavoie, “Your redirect is done.”