- Associated Press - Friday, May 23, 2014

WHITE RIVER JUNCTION, Vt. (AP) - A Vermont man awaiting a new trial after the Supreme Court overturned his 2011 second-degree murder conviction will get a new bail hearing, the Vermont Supreme Court has ordered.

In a ruling issued Thursday, the Vermont Supreme Court reversed a decision by a lower court judge who had ruled Kyle Bolaski of Springfield should remain in prison without bail pending his new trial.

A three-member panel of the court ruled that Bolaski, who appeared in a White River Junction courtroom earlier this month for a bail hearing, and his attorney did not have an “adequate opportunity to present evidence and argument regarding the potential for pretrial release.”

Bolaski was three years into a 25-years-to-life sentence last month when the Supreme Court overturned his conviction in the 2008 shooting death of another man who was chasing him in a Chester park. The Supreme Court ruled the trial judge had given improper instructions to the jury and excluded evidence of the victim’s mental health.

Bolaski, 30, was brought back to Vermont from Kentucky after the Supreme Court ruling. He’s now being held at the Springfield prison.

Before his conviction, Bolaski was free on $100,000 bail and living with his family in Springfield.

“The first thing we are looking to do is to get him released to have him home with us,” Kyle Bolaski’s father David Bolaski told the Valley News. (https://bit.ly/Sr7mx9) “That obviously is a paramount importance, and we’re excited about being able to do that.”

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Information from: Lebanon Valley News, https://www.vnews.com


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