http://www.rutlandherald.com/article/20110617/NEWS02/706179910
Published June 17, 2011 in the Rutland Herald
Bolaski attorney moves for retrial
By Christian Avard
WHITE RIVER JUNCTION — The attorney for Kyle Bolaski, of Chester, filed two motions for a new trial and acquittal of second-degree murder June 10 at criminal court in White River Junction. Franklin County State’s Attorney John Lavoie has not responded to the motions.
Bolaski was convicted of second-degree murder May 12 in the shooting death of Vincent Tamburello, of Springfield. He faces 20 years to life in prison and is awaiting a sentencing date. He is being held without bail at the Springfield prison.
Bolaski’s attorney Kevin Griffin argued Bolaski deserved a new trial because the court committed an error when it suppressed evidence of Tamburello’s conduct leading up to the August 2008 shooting.
According to Griffin, psychiatric and medical evidence involving Tamburello’s behavior was crucial “to a fair presentation of the evidence.” In the motion, Griffin stated that Tamburello was involved “in a number of ‘investigations’ in the community” and that the jury was exposed to a limited understanding of the events.
“The jury should have been allowed to hear the evidence and decide issues of credibility,” Griffin wrote.
Griffin said Bolaski also deserved a new trial based on Lavoie’s conduct with witnesses. According to Griffin, Lavoie “badgered and argued” with witnesses, spoke over their answers and “commented on their answers in front of the jury.” Griffin said Lavoie’s conduct was not “earnest and vigorous” and that he used “improper methods to produce a wrongful conviction.”
Griffin filed a motion to have the conviction reduced to voluntary manslaughter. According to Griffin, Bolaski’s actions support the charge because he was provoked by Tamburello. Griffin argued that under voluntary manslaughter, there must be a provocation and inadequate time to “regain self-control or cool off.” He said the loss of self-control “must be reasonable under the circumstances” and Bolaski “must strike before having the opportunity to cool off.”
Griffin said Bolaski acted in self-defense and Tamburello’s death was the result of a lawful killing.
“Bolaski’s actions should have been ruled as lawful. He was chased by an armed man,” Griffin wrote.
Lavoie has until Monday to respond to the motions. Lavoie, Griffin and Tamburello’s father, Vincent Tamburello Sr., were unavailable for comment.
Thank GOD! KYLE BOLASKI DESERVES THIS!! JOHN LAVOIE WAS REDICULOUSE DURING THIS TRIAL AND REPEATEDLY WAS REPREMANDED BY THE JUDGE FOR HIS ACTIONS!!! HE CONSTANTLY SPOKE OVER WITNESSES,MADE RUDE AND FALSE STATEMENTS TO THE JURY DURING TESTIMONY ALL SO HE COULD GET A WRONGFUL CONVICTION!!! I PRAY THE PUBLIC CONTINUES TO SUPPORT KYLE AND BRING HIM HOME WHERE HE BELONGS!!! JUSTICE FOR KYLE!!
ReplyDeleteKyle deserves what he got.... don't get involved in other people drama him and his brother knew what they were doing
ReplyDeleteIT WASN'T LAVOIE'S ACTIONS THAT CONVICTED BOLASKI. IT WAS THE EVIDENCE!
ReplyDeleteThank God Lavoie did a wonderful job getting a murderer off the streets...he does deserve it...He is the one who killed Vinnie because he went after his prized possession....if Vinnie wanted him believe me he would of gotten him. You shot him in the groin and he was down, he turned to run, you shoot him in the back, mind you he never attacked you or anyone else....as he layed dying you puverized his eye like a coward....how manly you are...as for the rest involved...Karma watch out. what goes around comes around twice as hard. The DA was excellent. Mr. Griffin thinks he deserves a second chance...NOOOOO Vinnie doesn't have a second life.
ReplyDeleteJUSTICE FOR KYLE!!!!!!!!!
ReplyDeleteJustice for Kyle?!? That's funny...real funny. It's almost as funny as the frivolous motions Griffin is filing for a convicted murderer. If Griffin cared about Bolaski, he would have put up a defense. There was no defense, because this is a clear cut case of premeditated murder. Vinnie didn't wake up thinking he was going to smash Bolaski's truck with a splitting maul. But you can stake a years salary that Bolaski woke up thinking Vinnie was going to die that day. Bolaski, Ucci, Blanchard, and Corey planned this execution. His own witnesses said that he is a hunter, above all else, and that's exactly what he did that day. He hunted Vinnie, and when he failed to find him, he lured Vinnie down that field to kill him. His own brother stated Kyle, Ucci, and Blanchard were the instigators. If killing Vinnie was not his intention, then he wouldn't have switched trucks and retrieved the thirty-aught. Griffin shouldn't be looking to downgrade the charges, LaVoie should be upgrading them. Griffin doesn't care about Bolaski, or the taxpayer. Because if he did, he would have put up a defense, and he wouldn't be feeding off the taxpayer anymore. He's filing these frivolous motions for no other reason than to bleed the Vermont taxpayer dry.
ReplyDeleteLavoie is an unethical and devious prosecutor. I can only imagine what tricks he pulled.
ReplyDeleteThere should be a new trial as there is no justice in any proceeding Lavoie is involved in.
-- scott huminski
www.howarddeanvermont.com
I moved to intervene in the Bolaski case early on. Lavoie refused to accept service of my court filings. That is an ethical violation that invalidated him without looking at any specifics of the case. He should be disbarred and a new trial granted.
ReplyDeleteAn attorney assigned to a case can not refuse service of court papers. It is unethical and cause for disbarment.
I am available for testimony on the topic of Lavoie's unfitness to practice law. He has engaged in a long chain of unlawful conduct in his career. The defense claims of misconduct of Lavoie are completely consistent with his past conduct that i have exhaustively documented.
s_huminski@live.com
-- scott huminski
The now retired long-time public defender from Brattleboro Paul Birch can expand upon Lavoie's conduct when he was a prosecutor there. It's not pretty.
ReplyDelete-- scott huminski
Tamborello father admits REVENGE - not justice his goal.
ReplyDeleteDate: Wed, 13 Jul 2011 12:48:17 -0700
From: justice4vinnie@yahoo.com
Subject: Re: Lavoie's conduct will free bolaski
To: s_huminski@live.com
Your rants are meaningless. They have made a fool out of you and it's killing you. I got my revenge while you are still just a meaningless cog in a squeaky wheel.
[REVENGE - not JUSTICE, is that what was in his son's head when he attacked]
Lol who cares the real scum drug dealer is dead good enough for me. Steroids crack lol shoulda tried a bulletproof vest.
ReplyDeleteLooking to hire attorney ethics counsel to help Kyle. Need contact info for Bolaski.
ReplyDelete-- scott huminski
Attorney Griffin indicated that he did not need my $40,000 funding of an attorney and judicial ethics legal team to act on behalf of Bolaski. I guess the case is for all practical purposes over - a mistrial and decision not to pursue a new trial by the State. Too many dirty little secrets in this case.
ReplyDelete-- scott huminski
There are allegations of overwhelming misconduct of John Lavoie and the trial judge. When Lavoie prosecutes a case the entire Bill of Rights is thrown out the window.
ReplyDeleteAside from constitutional violations, Lavoie and Judge Zimmerman violated ethical precepts throughout the case. -- scott huminski
Scott: give it a rest. You lost your own battles against the State of Vermont, and now you're trying to breath life to your own 16 year embarrassment, but you're not only embarrassing yourself even more, you're emabarrassing the Tamburello and Bolaski families also. The Tamburellos did what you failed to do and that doesn't sit well with you. To claim the Tamburellos were looking for revenge is hilarious, considering revenge reeks from all your posts. You're not fighting for Bolaski. You're using him as a springboard for your own selfish reasons. Bolaski wasn't found guilty because of what LaVoie did. He was found guilty because of what he did, and there's nothing you can do about it. Give it up!!
ReplyDelete