May date eyed for Bolaski retrial

It's looking like a May date for the new trial of a Springfield man accused of murder for his role in the 2008 shooting death of a Massachusetts man at the conclusion of a violent confrontation which took place at a ball field.
http://rutlandherald.com/article/20141202/NEWS02/712029949

Attorneys Dan Sedon, left and Brian Marsicovetere, right, flank Kyle Bolaski of Springfield who is awaiting his second trial in the 2008 death of a Massachusetts man at a ball field in Chester. Photo: Photo by Eric FrancisPublished December 2, 2014 in the Rutland Herald May date eyed for Bolaski retrial By ERIC FRANCIS CORRESPONDENT WHITE RIVER JUNCTION — It’s looking like a May date for the new trial of a Springfield man accused of murder for his role in the 2008 shooting death of a Massachusetts man at the conclusion of a violent confrontation which took place at a ball field in Chester. Kyle Bolaski was once again in the courtroom in White River Junction on Monday afternoon flanked by his defense attorneys as Judge Karen Carroll worked to hammer out the timetable for the retrial that was granted to Bolaski by the Vermont Supreme Court at the beginning of this year. Bolaski had been tried and convicted of second-degree murder at the same courthouse in 2011. He’d already commenced serving a sentence of 25 years to life when the Supreme Court overturned the sentence and sent the case back to the trial court. The court said that at the first trial Judge Patricia Zimmerman, who has since retired, erred when she omitted an important paragraph from the final instructions that were given to the jury. The lawyers representing Bolaski, who has been out on bail since this summer, have filed a written motion asking Carroll to dismiss the state’s murder case against Bolaski. They argue that the rapidly unfolding sequence of events, which began when shooting victim Vincent Tamburello pulled into the parking lot at the ball field and threatened a group of men with a stun gun before chasing them down a slope while waving a splitting maul over his head, amounted to provocation, and that Bolaski’s decision to pull a deer rifle from his pickup after Tamburello began smashing out the windows was more on the order of self-defense than murder. Defense attorney Brian Marsicovetere told the court Monday that the witnesses he is relying upon to bolster his argument for a dismissal of the case all testified under oath at the original trial and he is simply waiting for a court stenographer to complete a series of transcripts from that trial before that material is forwarded to Carroll so she can consider it and eventually issue a written decision. Special prosecutor John Lavoie told Carroll he was not particularly concerned about the defense motion prevailing since, as he put it, his case had survived several similar attempts by the defense during the course of the original trial to have the case dismissed. Assuming Bolaski’s case does make its way before a jury again, both sides agreed that the earliest they will likely be ready to proceed will be May of next year. They added that before that takes place other aspects of the Supreme Court decision, which hinted strongly that the original trial should have paid more attention to medical records which might have shed more light on Tamburello’s state of mind, will have to be sorted out to see if psychiatric and other medical records will come before the next jury.