KYLE BOLASKI CONTRADICTING TESTIMONIES

Sand has refused to give us the complete interrogation statements of Kyle Bolaski and Jerry Ucci. He claims that no statements were taken from them as to all events preceeding the meeting at the field. The only statement he gave was the 1st one from that night which only details from when they are at the field, nothing about any events leading up to the field! Yet statements were taken of every other witness! In some case twice and in the case of Julie, 3 times! Why would you not take statements of the KILLER? Or the person that lured Vinnie to the field! They obviously did take statements! They are either holding them out or have deleted everything preceeding the field then gave us that altered copy. Or they purposely did not take any more statements from them because they had already made a decision to let them walk away free and did not expect this to go to trial! In any case something is very wrong.A lot of testimony came out from interview statements of Ucci that are not in the statements given to us. Bolaski and Ucci make very incriminating statements about the real events! Corey Bolaski said they were in Kyle’s truck all along and the rifles were also in the truck! Kyle says they are in his truck and says the 30-06 rifle is his!

(FS = First Statement      GJ=Grand Jury)………………………………………………………….…………………………………

EVENTS CONCERNING WHY THEY WENT TO THE FIELD. IN FS SAID THEY WERE JUST HANGING OUT WITH TIM, NOTHING ELSE. GJ HE SAID THEY WERE GETTING VINNIE TO THE FIELD TO JUST TALK.

FIRST STATEMENT- Kyle

(4:18 of his first statement) Kyle said he was at the field visiting some of his buddies.

 (10:19-20) Said they stopped by to visit Tim and just hang out. Not there for any other

reason.

 (14:23-24) “We were just stopped by to mingle and hang out after the softball game!”

  (16:17-20) …HE JUST CAME OUT, AND AS SOON AS HE STARTED SCREAMING HE JUST…HE PICKED THE…THE PICK AXE OUT OF THE BACK OF HIS CAR AND STARTED RUNNING TOWARDS US!

 (22:12-20) Q: Okay so he gets this pick axe out of the back seat, what exactly does he do next? A: Runs towards us…full out run. Running at us!

 (11:10) Said game just ended so stopped in to see what was going on.

 (Arbuckle said game ended 1 ½ hours before Kyle arrived!)

 

At this point, in K Bolaski’s GJ testimony, we learn how he started his day. We learn these events in his own words. We also learn his statements to Jenkins contradict his Grand Jury Testimony, and finally, we learn that these events will be contradicted by testimonies, and statements, of all involved in this murder.

 

In K Bolaski’s GJ Transcripts—Page 24—Line 18 below HE SAID HE GOT UP 9:30 AND WORKED FOR HIS FATHER UCCI SAID THEY GOT UP AT NOON AND DID NO WORK!

 18  Q.     What time did you get up?

 19  A.     Approximately nine-thirty, ten o'clock. 

 20  Q.     Okay.  What did you do?

 21  A.     We had intention to be working for my father.  I

 22  had been working at Homestead during the week.  On the

 23  weekends usually I'd try to make some extra money by

 24  working for my father.  He had side jobs, and he had some

 25  landscaping projects that we had going on at his house,

0025

 01  so we went there.  We did a little bit of work.

 02  Q.     We being who?

 03  A.     Jerry Ucci and myself.

 04  Q.     All right.  So --

 05  A.     So we worked there for a few hours, and, you know,

 06  we'd been working all week, so we said, you know what,

 07  let's go have a little enjoyment

 

In J Ucci’s Grand Jury Transcript Page 114—Line 7 below, we have a completely different time frame, along with a different beginning to the day. Not only does J Ucci claim they woke up at noontime but they didn’t do any landscaping at all.

 Please note: Most of J Ucci’s testimony comes from his GJ Transcripts. His statement to police taken on the night in question is limited to 17 pages, and therefore suspect to tampering. Once you open this file, you’ll notice right away that the questioning officer is unidentified, unlike all the other statements taken from each individual that was there which identified each questioning officer.

 17  Q.     So stupid question, where did you wake up on

 18  Sunday?

 19  A.     At the apartment.

 20  Q.     About what time?

 21  A.     I'd say it was around noon.

 22  Q.     We're learning that the sleeping habits of some

 23  people may be a little different, but I'm starting to

 24  understand one who sleeps at my house a little bit. 

 25               Okay.  Did Kyle spend the night there, as

0115

 01  well? 

 02  A.     Yes.

 03  Q.     Anybody else?

 04  A.     No.

 05  Q.     Any pets?

 06  A.     Yes, Kyle's dog Harley.

 07  Q.     What did you do?  What time did you leave the

 08  house? 

 09  A.     Shortly after noon, we went from his house, we

 10  were supposed to go work for his father.  We went over to

 11  his father's house in Springfield.  We were kind of

 12  feeling lazy that day, and we decided against working.

 13  We met up with his father and his brother around, I

 14  think, it was two-thirty.  Corey had just got done

 15  working, and we decided that the three of us were going

 16  to go out scouting for deer.

 17  Q.     The three, the third person being whom?

 18  A.     Corey Bolaski.

 19  Q.     What does Corey do for work?

 20  A.     Corey works at MJS Landscaping in Bellows Falls.

 21  Q.     He's landscaper, as well?

 22  A.     Yes.

 23  Q.     You and Kyle went from your place, from Chester to

 24  Kyle's dad's house in Springfield?

 25  A.     Correct.

0116

 01  Q.     In what vehicle?

 02  A.     In Kyle's, Kyle's vehicle.

 03  Q.     What is that?

 04  A.     He has a Ford F350 pickup truck.

 05  Q.     Who drove that?

 06  A.     Kyle.

 07  Q.     Do you, did you do some landscaping?

 08  A.     Not on Sunday, no.

 09  Q.     So the plan was to do some, but you didn't do any?

 10  A.     Right, right.

 

GJ- KYLE SAYS TRISTAN CALLED HIM. TRISTAN AND ALL OTHER TESTIMONY SAID KYLE MADE THE CALL.

41:19  Q.     Let me just ask you this:  Who gets a phone call?

 20  A.     I do, on my cell phone.

 21  Q.     Tristan calling you?

 22  A.     I'm pretty sure it was Tristan that called me,

 23  yes.

 24  Q.     What might another option be?

 25  A.     I may have called him.  The best of my knowledge,

0042

 01  I believe he called me.

(WHAT MIGHT ANOTHER OPTION BE?? SAND LED HIM IN THAT QUESTIONING. TO TRY TO GET KYLE TO CHANGE HIS TESTIMONY THAT HE CALLED TRISTAN! )

 GJ-KB

51:05  Q.     Jerry tells you that Tim suggests coming to the

 06  ball field?

 07  A.     Because it's is a safe place, it's people here.

 52:05 

 06  …Jerry had already talked to Tim, and Jerry

 07  said if you want to talk at the ball field in Chester,

 08  fifteen minutes.

 52:13  Q.  Any discussion about what that, what's going to

 14  happen at that meeting?

 15  A.     No, just the planning on finding out what his deal

 16  was!

 

GJ-KYLE BOLASKI

In the Grand Jury Kyle said they made arrangements to meet Vinnie at McKenzie Field Said he went o the field specifically to meet Vinnie! To confront him about Blanchard. They all said that the reason they went to the field was to confront Vinnie! Contradicting his first statement testimony that says he was just at the field to watch Tim play and mingle with friends!!

GJ-Steve Pippin was a Witness at the field            

 (102:07)  They all directly went to Tim

 08  Arbuckle, get their plan of attack. 

 09   JUROR:  Okay, thank you.

 10   JUROR:  So with that, when that call that

 11  he got prior to this, you, knowing that, would you feel

 12  that them guns were just happened to be in that truck, or

 13  do you think that maybe this was premeditated? 

 14   THE WITNESS:  I did think that!

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CONCERNING WHEN VINNIE ARRIVED AT FIELD

First Statement: Kyle Bolaski

(3:24) Said Vinnie got out of car with axe and just started chasing them for no reason.

GJ 

A.     He gets out of the vehicle.  We're all down --

 72:12  wish I could have two people here -- we're all standing

 13  down by the vehicle, by the tent, doing whatever, and we

 14  saw them get out, and he had Tazer, was zapping a Tazer.

 15  Q.     How do you know it was a Tazer?

 16  A.     You could see it, hear it, zapping, blue,

 17  zz,zz,zz, could hear it all the way down from the bottom. 

 18  He's saying I'm Vinny, I'm from Boston, I'm fucking

 19  crazy.  Just yelling at us, yelling at us. 

 20  Q.     What else is he yelling, if anything? 

 21  A.     Yelling come up here, come up here, come up here.

 

0074

 01  That's the best of my recollection.

 02  Q.     All right.  So what happened next?

 03  A.     So then Tim, Jerry, Corey, and I and a couple

 04  girls had walked up closer to him.  See, he asked us to

 05  come up here, come up here, you know.  We were going to

 06  go talk to him, see what his problem was, see if we could

 07  rationalize what was going on here.

 08  Q.     Anyone in your group saying anything?

 09  A.     Just Tim, he said, he said put that Tazer down,

 10  I'm going to shove it up your ass.  That's all that was

 11  said.

 

0075

 01  what had happened next to happen.

 02  Q.     So you're a group, you are walking up towards the

 03  vehicle?

 04  A.     Right.

 

Said they all approached the car with Tim Arbuckle saying he was going to kick Vinnie’s ass. THEN Vinnie reached in to the car and started chasing them!

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(4:2 And so I was running back to my truck…I tried getting back into my truck…he started hitting the side of my truck because I fell down.

(25:22) Q: And the door is open why. Did you open it or was it already open?

A: The door was open wide, yes sir. The door was open. I opened it up to try to get in!

GJ

(26: 18  A.     We're running away from him, obviously everyone is

 19  kind of scattering, and me thinking I'm running towards

 20  protection of my truck.  Corey had locked my truck, he

 21  had the keys to my truck, had locked my truck when we got

 22  there.  And my dog was Inside, and everything else I

 23  owned was inside my truck.  My truck was locked.  He

 24  locked it, and through all the turmoil I didn't think

 25  that the truck was locked.  So I went to get into my

8-9) So I closed the door and ran around to the backside of my truck.

GJ

77:15  So I get myself off the ground.  He's still

 16  hitting the side of my truck.  And I roll around the

 17  front of my truck.

78

So I went around the front of my truck,

 05  I told Corey unlock the truck, unlock the truck.  At that

 06  point I couldn't get away.  He was that close to me.  So

 07  I rolled to the passenger side of my truck, grabbed the

 08  30-06, grabbed the clip out of glove box, put it in, and

 09  by the time I came around the back side of the truck, I'd

 10  seen him coming at me.

 

115:18    JUROR:  You said when you fell down, you

 19  were trying to get in, the door was locked?

 20               THE WITNESS:  Yeah.

 21               JUROR:  Vinny was swinging at you? 

 22               THE WITNESS:  Swinging at me as I fell on

 23  the ground, I could feel him right beside me.

 24               JUROR:  You said he swung four or five

 25  times? 

116

 01               THE WITNESS:  Right.

 02               JUROR:  You were still on the ground? 

 03               THE WITNESS:  While I was on the ground,

 04  hitting the truck at least three times. 

 05               JUROR:  So you don't think he could have

 06  hit you if he really wanted to?  You think he was trying? 

 07               THE WITNESS:  I was dodging him.  I was

 08  trying to move the other way as he was swing, swing,

 09  swing, so I'm trying to get up off the ground and get

 10  around my truck, put some distance between us.

 

FS Corey Bolaski

46:16-22) Is Kyle in the truck? A: yes he gets in the truck. Hops in the truck!

 

Kyle Bolaski

(26:13-23) Q: Where are you when he’s smashing the doors? A: I went to the other side of the truck…the driver’s side.

(27:23-25) Chasing me around my truck! He’s still on the driver’s side but he’s coming around the back side of my truck toward me on the passenger’s side!

(28:12-14) Coming around the passenger’s side of the truck. From the driver’s side!

(29:1-10) So at that point I had a rifle in the back seat. It’s right on top of the back seat!

 

FS Corey Bolaski

(47:5-9) Kyle opens the door and shuts it and this kid starts smashing the truck. So kyle grabs the gun and gets out of the other side of the truck. And goes around the truck. Q: Where were you? A: I was on the other side of the truck!

(49:21-25) As soon as I unlocked the door kyle opened it and jumped in!

(50:6-7) Kyle opened up the driver’s door and got in the driver’s door! (Kyle states he never got in the truck that he ran around the front of the truck and got the rifle from the passenger's side.)

………………………………………………………………………………………………

Concerning the $100.00 payoff to Arbuckle from Kyle

GJ Steve Howard

(108:06)  Before that truck is when Tim apparently got

 07  this phone call, which I see him on the phone but did not

 08  know it was, the phone call or whatever.  And this kid

 09  got out and said Tim, I'll give you hundred bucks, you

 10  help me beat up this guy.  Well, that's when the car came

 11  and parked up top of the hill.

 12  Q.     So just so we got the sequence right, Tim gets the

 13  phone call, Tim says he's going to get paid a hundred

 14  bucks to beat up this kid?

 15  A.     Right.

 16  Q.     Then the silver pickup truck comes in, it parks

 17  next to your pickup truck?

 18  A.     Right.

 19  Q.     Someone gets out of pickup truck?

 20  A.     Yep.

 21  Q.     Does that someone go up to Tim?

 22  A.     Heads right towards Tim.

 23  Q.     Anybody with him?

 24  A.     There was, there was, I don't know how many, but

 25  somebody did get out of passenger side, so, yes, there

0109

 01  was somebody with him.

 02  Q.     Okay.  So that's the driver goes up to Tim?

 03  A.     Yes.

 04  Q.     And are you able to hear the conversation back and

 05  forth between the driver and Tim?

 06  A.     No, other than the fact that when Tim was bragging

 07  about the hundred bucks, we just put two and two

 08  together, that this was the guy, because when he pulled

 09  in, I didn't even know who this guy was, he got out, and

 10  he said, Tim, I'll give you the hundred bucks if you help

 11  me beat up this guy.  He headed toward him, so we kind of

 12  focused what's going on here now.

 13  Q.     So you kind of see the transaction being closed?

 14  A.     Right.

 15  Q.     So you saw that happen.  And then is that when the

 16  other car pulls up?

 17  A.     Yep.

 

STATEMENTS concerning ownership of 30-06!

(4:9-12) At that point I reached into my truck…I had a 30-06 in my truck that I always carry in there. (disputes that this is Corey’s gun!)

(27:25 and 28:1) So I went to the other side of my truck, and in the back seat I had MY rifle, which I had used earlier! (again disputes that this is Corey’s gun!)

(33:16-19) The clip was full! I ALWAYS KEEP THE CLIP FULL!

(37:4-17) Has Vast intricate knowledge of the 30-06 rifle, brand, model# etc. . While Corey has no knowledge at all of it.

77:1-17) Q; So describe for me exactly where the rifle was in you truck. A: It was under the back seat. I normally have a gun rack that I keep it on! I had a clip in the glove box. I always keep a clip!

(78:2-7) Q: Why are you carrying a rifle if you’re just going scouting? A: Because when I go through woods I like to have a rifle with me to shoot coyotes! (Says no scope on the rifle! The 30-06 has no scope. The .22 had a scope.)

82:1-4) Q: No other rifles around? A: No I had…I had a .22 in my truck as well! I keep that with me as well!

 

FS COREY BOLASKI

(71:14-25) Q: He Kyle or Jerry? A: Kyle. This is his truck we’re in! Q: So that was Kyle’s .22? A: Yeah. Q: Or his other…what was the other rifle? A: JUST A HIGH POWERED RIFLE! Q: Do you know what caliber? A: I DON’T KNOW! I THINK IT WAS AN AUGHT SIX OR SOMETHING! (30-06 is Obviously not Corey’s gun!)

FS Corey Bolaski

(35:1) Yeah we went out looking for trails and stuff we had a .22 with us and I think, there was another. It was a high powered rifle! It’s always in the truck! (Didn’t say his 30-06 in truck but a high powered rifle? Doesn’t know what his rifle is. Proves 30-06 is not his!)

 

GJ -KYLE BOLASKI

56:11  So Corey had offered

 09  him earlier in the day protection for the night, he said

 10  you can borrow my rifle For the night.   So Corey

 12  came out, and he brought the rifle and

 13  Tristan acknowledges the fact that it was, it was for

 14  him, it was the 30-06.

 15  Q.     Whose gun is it? 

 16  A.     That's Corey's gun!

 

COREY:

57:18  A.     I only fire the rifle a few times in my life. 

 19  It's my brother's rifle, so I, you know.

 20  Q.     He owns it?

 21  A.     Yeah.

 22  Q.     He maintains it? 

 23  A.     It's his deal.

 

GJ

97:18  JUROR:  Do you see anyone get access to

 19  your gun after you put it away, or any point did the gun

 20  go in anyone else's hands in the area? 

 21    THE WITNESS:  My thirty-ought -- my

 22   brother's 30-06?  (slips and says his 30-06!)

 

Said he ran around the front of the truck and reached in the passenger side and got the rifle from the back seat. Also said that they stopped at Corey’s house and Corey brought the 30-06 from the house for Blanchard! Said the rifle is Corey’s!

 

FS Corey Bolaski

(108:8-17) I had no idea whether this gun was loaded or not. …THE GUNS WERE ALREADY IN THE TRUCK TO BEGIN WITH!

Q: Well, listen I know the guns were already in the truck. A: I KNOW! (admits guns were already in the truck when he got in)

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CONCERNING WHETHER IN TRUCK OR OUT WHEN VIN HITTING TRUCK

(4:14-17) At that point when he was chasing me around the side of my truck I put the clip into the gun. . 

GJ Kyle Bolaski

 78:07  I rolled to the passenger side of my truck, grabbed the

 08  30-06, grabbed the clip out of glove box, put it in, and

 09  by the time I came around the back side of the truck, I'd

 10  seen him coming at me.

 

 FS Corey Bolaski(47:5-9)

Kyle opens the door and shuts it and this kid starts smashing the truck. So kyle grabs the gun and gets out of the other side of the truck. And goes around the truck. Q:

 

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(5:15-16) So at that time when he came at me I did fire a shot.

GJ

79:01 And me trying to

 02  disable him from coming any closer to me, I, I fire shot,

 03  shoot his leg.  At that point when I saw my shot, I

 04  didn't know if I had hit him or not because he was still

 05  moving so well that he was still moving in, aggressing, I

 06  didn't even think that I hit him,

 

5:21-23) So at that point when he refused to not lay back and not come at me I fired at him again!

GJ

Said that he fired at Vinnie again because Vinnie was running after Corey! Corey said he ran away and was not there!

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(6:3-4) He had a taser gun in his hand…he had an axe in his hand coming at me.

GJ

Never mentioned that he also had taser in his hand. No one else ever says that either.

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(7:2-3) I don’t have any relation to him. I don’t know who he was.

FS

Mike Gleason and Adrienne said that they hung around with his brother Chris and so did Kyle! Must have known Vinnie through Chris, or at least knew of him, as Vinnie worked with Chris for awhile in Vermont. Kyle did not like Chris! Took it out on Vinnie.

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(13:1) Says Vinnie pulled in less than 5 minutes later. Didn’t have time to talk!

(13:6-7) Q: “Did you have time to pull in? Get out of the truck? Yeah, oh, yeah. We were outside the truck hanging out there!

Corey’s 1st statement also says they were there about 15-20 min.

(14;14-18) Everybody was out of the truck hanging out~!

(19:5) Q.: What was he wearing? A: Black wife beater, shorts. Wife beater? Shows violent tendencies. Was not wearing shorts. Aiming at his leg looking directly at it but can’t remember what Vin was wearing? Yet remembers other intricate details?

(25:17-24) So I try to make it into my truck and I slip, never make it into my truck, and when I slip the THE DOOR IS WIDE OPEN!  So I close the door and I run around the back side of the truck.

(25:19-20) Again states door is wide open.

(26:1-2) I opened the door up to try to get in!

(26:8) So I closed the door and ran around to the backside of my truck.

GJ

 21  Q.     Do you get the driver's side door open?

 22  A.     No, it was locked at that point.

 23  Q.     And at any point do you get in to the driver's

 24  side of your vehicle?

 25  A.     No, I don't

 

(26:13-20) Q: Where are you when he’s smashing the doors? A: I went to the other side of the truck. The passenger side.

 

GJ  (Steve Pippin)

(65:13-15) Pippin-  Says Kyle and Corey are both in the truck.

(67:1-3) The 2 men exit the pass. Door. The driver gets out with a rifle.

 

(92:09)  Q.     Now, back when both driver and passenger are still

 10  inside the truck and axe man is going at the driver's

 11  side, do you perceive that the axe man is then a threat

 12  to the life of the driver, the passenger?

(SAND CONSTANTLY CALLED VINNIE THE AXE MAN TO INFLAME THE JURY!)

 13  A.     Not really.  I think he would, he's not going to

 14  hit that guy through that door.  He's not going to hit

 15  that body, I feel, through that door with that axe.  It

 16  was either he was trying to send a message, scare him,

 17  get him to come out and fight like a man.  I don't know. 

 18  But I feel he was just trying to scare him and send a

 19  message to get him to come out.  I don't know, but he, it

 20  didn't seem like he was trying to kill him.  Because he

 21  would have opened the door and he had him.  If he opened

 22  the door, the guy had nowhere to go because the passenger

 23  was in his way, he could have attacked him.

(93:07)  Q.     At that point, is driver in imminent threat of

 08  serious bodily injury or death?

 09  A.     No.

 

(93:23)               JUROR:  Can I ask you something, did he,

 24  did he, well, come at him? 

 25               THE WITNESS:  No, axe man froze, he did

0094

 01  not make any moves.

 02               JUROR:  He never made a move towards

 03  the --

 04               THE WITNESS:  No.

 05               JUROR:  -- the guy with the gun? 

 06               THE WITNESS:  No, not once.

 07               JUROR:  And he never made a move when the

 08  shooter was in the truck and he was swinging, he was

 09  swinging at the truck, he was not really swinging at the

 10  shooter? 

 11               THE WITNESS:  Right.

 12               JUROR:  Passenger? 

 13               THE WITNESS:  No, he was focused at that

 14  door.

 15               JUROR:  He was swinging at the truck? 

 16               THE WITNESS:  Yeah, because, again, he

 17  could have got him through the broken glass of the

 18  window.

 19               JUROR:  Or even reached in and grabbed

 20  him? 

 21               THE WITNESS:  Yeah, yeah. 

 

(27:22-23) He was chasing me around the truck. ( Now he’s saying Vin chased him around the truck before he got the rifle!)

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(27:25 and 28:1) So I went to the other side of my truck, and in the back seat I had MY rifle, which I had used earlier!

(28:5-22) Says Vinnie on driver’s side, Kyle’s on passenger side. Said when Vinnie stopped hitting truck he went around the back side of the truck and went after Kyle. This was before he got the rifle. Several times in the interview he says Vinnie went around the back side of the truck to the passenger’s side to go after Kyle.

GJ

Says he got the rifle out, Vinnie still hitting truck, went around to where Vinnie was on driver’s side Vinnie toward back of truck and shot Vinnie. 20  clip in, and then he comes around the back.

 21  Q.     So what direction does Vinny come at that point?

 22  A.     He comes from around back side of my truck towards

 23  me.

 24  Q.     So you are closer now to the front side of your

 25  truck on the passenger side, Vinny's towards the

0087

 01  back side of your truck on the passenger side?

 02  A.     That's correct.  Vinny comes around, swings wide

 03  more towards Gib's car and is coming at me.

 04  Q.     All right.  Where does shot one take place?

 05  A.     Shot one takes place in between these two

 06  vehicles, my shot, my truck and Gib's car, he's coming at

 07  me right here.  I'm backpedaling like this telling him to

 08  stop, drop the axe, don't come closer.  His tongue is

 09  like hanging out of his mouth laughing hysterically, ha,

 10  ha, ha, ha, ha, ha, has no fear, no fear whatsoever.

 11  Q.     Where in relation to the front of your truck are

 12  you when shot one is fired?

(29:4-12) Q: Where in the back seat was the rifle on top or underneath?  A: On top of the back seat! Q; On top of the seat? A: Yes sir!

(32:3) I pulled the rifle out and put the clip in! (earlier said Vinnie was chasing him around the truck when he put the clip in!)

(36:7-10) So when he came around the truck…I fired a warning shot!

(36:11-21) Q: Whoa! But you haven’t loaded the rifle yet you said! A: as he…as he… as he approached me that’s when I loaded it! (caught in a lie)

(37:4-17) Has Vast intricate knowledge of the 30-06 rifle. While Corey has no knowledge at all of it.

(38:17-25) Says he was right by passenger’s door when Vinnie came running around the back side towards him and that’s when he shot Vinnie the 1st time. Says Vinnie running then said walking fast, then said jogging!

 (40:21-23) Said Vinnie looked like he was hit…started limping!!

(39;7) Says Vinnie was about 20 feet away from him!

(42:1-9) Says after he shoots he goes around the front of the truck and Vinnie follows him…LIMPING!! (this proves Kyle could have run away and Vinnie could never have caught him!)

GJ

And me trying to

 02  disable him from coming any closer to me, I, I fire shot,

 03  shoot his leg.  At that point when I saw my shot, I

 04  didn't know if I had hit him or not because he was still

 05  moving so well that he was still moving in, aggressing, I

 06  didn't even think that I hit him,

 

(40:8-10) Says after he shoots Vinnie, Vinnie continues to chase him around the vehicle! Running after him. Right after he says Vinnie limping!

(44:9-10) Said after Vinnie chasing him all around the truck. ”WHEN HE CAME AT ME AGAIN WITH THE AXE I SHOT HIM!

(35:24) MY BROTHER RAN!

(81:7-12) Q: Are we going to find a bullet hole in his back? A: “Shouldn’t, no. He was coming at me!”

(44:21-25) He was right by the back end of my truck. Q: SO YOU SHOT HIM AGAIN? A: YES!

(51:6-19)Q: The 2nd time you shot him where do you think you hit him? A: I’m not positive. I was shooting at his leg! Q: How was he positioned to you? A: Running at me! Still moving at ME! Q: SO HE WAS FACING YOU? A: YES, SIR! Q; When you fired the last shot he was still facing you? A; YES, SIR!

(52:16-17) HE WAS COMING TOWARDS ME AND HE STOPPED RIGHT THERE! 

CORONER’S REPORT STATES BULLET WENT STRAIGHT IN THE BACK!

GJ

SAYS THE REASON HE SHOT VINNIE THE 2ND TIME WAS BECAUSE HE WAS RUNNING FULL SPEED AT COREY! States Corey was right beside him. He could see Cory from the side. (1st statement says Vinnie was limping!) Corey never was mentioned in 1st statement.

79:10So I rolled around, rolled

 11  around my truck toward the back.  He rolled around the

 12  other way, he was coming back around, and at this point

 13  I'd seen Corey out of corner of my eye, I knew where

 14  Corey was, Corey had run around the back side of

 15  vehicles, and he came around, and when I went around one

 16  side, I hadn't seen him get into my truck, but I knew

 17  Corey was around there, I saw him out of the corner of my

 18  eye, and I saw Vinny coming towards Corey

 

81:07  A. Corey was coming at Vinny.  I mean Vinny was

 08  coming at Corey, and then I came around and saw that, and

 09  then I fired the second shot

89:07  Q. Can you, you told us that at some point you see

 08  Vinny approaching Corey?

 09  A.     Right.

 

90:13  Q.     Did you become aware at some point of Corey

 14  standing within that area of the four vehicles that

 15  you've drawn here?

 16  A.     I, I saw him, I saw him in this area over here

 

90:21  Q.     Okay.  What does Vinny do at that point?

 22  A.     Vinny focuses attention on Corey. 

 23  Q.     All right. 

 24  A.     So when I come around this way, I see him focus

 25  attention on Corey coming around this way.

0091

 01  Q.     You come around the front of your truck?

 02  A.     Come around the front of my vehicle, yes.

 03  Q.     All right.  And what prompts you to fire the

 04  second shot?

 05  A.     I see my brother here, and I see him coming

 06  towards, Vinny coming towards my brother, and at that

 07  point he's facing me, too.  So then by the time I fired

 08  up, pulled up to take another shot, he's still fully

 09  functional, still coming at us, still not getting any

 10  sign of backing down, he's still fully aggressive moving

 11  fine.

 

95: 01  because then I saw him turn on Corey.  When he came into

 02  the scene, I saw Corey out of corner of my eye, I saw him

 03  coming towards Corey, came around, that's when I shot him

 04  the second time because he was advancing towards Corey.

 

100:19  THE WITNESS:  I saw him coming towards my

 20  brother when I made my way around the truck to defend my

 21  brother at that point.  I didn't realize he had a rifle. 

 22  I didn't realize he fired two shots.

 

 (35:24) MY BROTHER RAN!

 

(45:17) Q: What did you do after he went down? (46:6-17) A: Nothing. I just made…I didn’t…I was making sure that he wasn’t going to get back up. Q: Did you touch him? A: No! Q: Did you check for a pulse? A: No! Q: What was his condition? A: I don’t think good! Q: How close did you get? A: About 5 feet!

GJ

I went up to him, and I had kicked him a

04     a couple times to make sure he was going to stay down,

Says he walked over to Vinnie and kicked him to make sure he wasn’t getting up!

81; 22  A. I just kicked him two or three times.  I went and

put the gun back in my truck.

 

96:17  JUROR:  You said afterwards you went over

 18  and you kicked him.  Where on his body did you kick him?

 19   THE WITNESS:  In the back of his head. 

 

(52:9-17) Q; After you shot him the last time how long did it take for him to go down to the ground? A: He went down pretty quick…stopped him right there…HE WAS COMING TOWARDS ME and he stopped right there!

(54:25) Q: ALL RIGHT SO WHAT IS GOING ON THAT CAUSED THIS GUY TO SHOW UP? A: (55:17) I’M NOT SURE OFFICER! Q: Okay, what was the problem? A: I’m not sure. I don’t know what it was! Q: Nobody told you anything? A: No sir! All I know is he was looking for the kid I was with, Tristan.

(55:7-14) He obviously had a problem with one of the kids I was with. Q: Okay, what was the problem? A; I don’t, I’m not sure. I don’t know. I don’t know what it was!

(56:18-23) Q: …why does he have a problem with Tristan? A: I’m not sure. I couldn’t tell you officer. I don’t know!

(57:3-7) Q: So he shows up, he’s after Tristan. How do you know he’s after Tristan? A: I don’t. I don’t know he’s after Tristan! (he just said he knows Vinnie was after Tristan)

(73:10-12) I don’t know why he was after me at that time but he was originally after Tristan

 (57:17-25) So Obviously Tristan told you about that. A: Yeah, he told me about that but he didn’t tell me why

(61:10-12) I’m not sure of the story ,officer. I’m not sure why he was looking for him. I don’t know. I got caught in the middle of this.

(63:23) All I know is I got caught in the middle of a bad scene that I didn’t even know I was getting into!

(66:9-19) Is there any discussion between you or Tristan or your brother or anyone else about if Vinnie’s going to show up after any of you guys today? A: No sir, not at all! Q: In other words were you guys expecting him to show up somewhere? A: No sir, wasn’t expecting nothing! I got caught in the middle…in the middle of a bad scene!

(66:20-23) Q: So again what is the problem between Tristan and Vinnie? A: I’m not sure. I’m not sure what their problem is!

(68:2-4) Q: Why is Vinnie there after Tristan? A: I’m not sure. I, I don’t know…he’s from Boston or something!

(68:9-12) Q: Why was he after Tristan? A: I don’t know why. I don’t know why he was after Tristan. I don’t have any clue why he was after Tristan!

(107:1-3) Q: How did he know Tristan was at the ballfield? A: I’m not sure.

GJ

Says they discussed with Tristan everything about Vinnie and his problem with him when they were in the truck! Knew that Ucci had told Vinnie to go to the field! Says Ucci called Vinnie in his truck to set up meeting!

(65:10-18) Q: Why did you go for your truck? Why not just run away like everyone else? A: Because that’s where…I was closest to my truck. (was he going to say “because that’s where the guns were?) I wanted to get inside my truck because he was coming after us. I ran to my truck and I wanted to get into my truck, to try to be inside of somewhere so he wouldn’t hit me with the axe!

(104:1) Q: What if you had just run with the other one’s? A: I ran to the closest spot there was protection!

(104:5-8) Q: I mean if you went to the truck to get your gun just tell me that. A: I went to my truck for protection!

GJ

KB Said he did not run because all exits were blocked!

96:07  Q.     Why didn't you run away?

 08  A.     It's close, the area, fairly small area where you

 09  have to run around vehicles.  If I had ran through here,

 10  I could have been caught by him easily.  I mean, there's

 11  only so far you can run.  There's fences everywhere,

 12  fence here, ends right here.  It's river and a bunch of

 13  woods, and, I mean, I was already, I had nowhere to go at that point.

 

GJ-Steve Pippin 21              

(97:21) JUROR:  So in your opinion, when both

 22  individuals got out of the passenger side, at that point

 23  did they have opportunity to flee or proceed? 

 24               THE WITNESS:  Yes, they could have fled,

 25  they were on the opposite side.

0098

 01               JUROR:  But I mean, when they left the

 02  vehicle, did they have opportunity that they could have

 03  left the immediate area immediately? 

 04               THE WITNESS:  Yeah. 

 05               JUROR:  Or do you feel that they proceeded

 06  out of the truck to come to that individual? 

 07               THE WITNESS:  He, yes, he proceeded to

 08  come, confront the axe man.  He immediately came around

 09  to confront him.

(102:07  They all directly went to Tim

 08  Arbuckle, get their plan of attack. 

 09               JUROR:  Okay, thank you.

 10               JUROR:  So with that, when that call that

 11  he got prior to this, you, knowing that, would you feel

 12  that them guns were just happened to be in that truck, or

 13  do you think that maybe this was premeditated? 

 14          THE WITNESS:  I did think that.

 

(72:14-21) q; After You shoot Vinnie and Vinnie goes down, who’s with you at that point? A: Nobody was with me. Q: Okay, did anybody come over? See how you’re doing? A: Everyone just scattered. Everyone was gone!

GJ

Says Corey stayed with him and told him to stay.

 

(80:1)Q: And you say you used the sights. A: Yes! Q: And you aimed for what? A: His leg!

------------------------------------------------------------------------------------------------------------

Q: Did anyone else there have a gun? A: No. No one else there had a gun. Nobody! Q; Did Corey? A: No! Q: No other rifles around? A: No I had…I had a .22 in my truck as well! I keep that with me as well! That was in the back seat as well!

(85:1) Q: Do you remember anyone having that rifle? A: I don’t believe anybody did. I had it!

(86:17-18) Q: Okay, did anyone have that rifle? A: Nobody had that rifle!

GJ

Says Corey had the rifle and shot twice.

------------------------------------------------------------------------------------------------------------

Q: Have you ever been in a fist fight? A: Never!

------------------------------------------------------------------------------------------------------------

(100:4-8) Q: Did he ever lay a hand on you or get hold of you or anything? A: No. Never got a hold of me! Q: Did you get any injuries at all? A: No, none

(106:12-13) Q: What did you say to him? A: I didn’t say nothing.

------------------------------------------------------------------------------------------------------------

(107:1-3) Q: How did he know Tristan was at the ballfield? A: I’m not sure.

GJ

In GJ says Ucci called Vinnie and told him to meet them at the field.

 

19  Q.     Let me just ask you this:  Who gets a phone call?

 20  A.     I do, on my cell phone.

 21  Q.     Tristan calling you?

 22  A.     I'm pretty sure it was Tristan that called me,

 23  yes.

 24  Q.     What might another option be?

 

 25  A.     I may have called him.  The best of my knowledge,

0042

 01  I believe he called me.

 

 

EVENTS CONCERNING THE TRUCK!

 

FS Corey Bolaski

(36;6-11) Q: So you’re in your truck or your brother’s truck?

  1. No we were in my brother’s truck. Kyle’s truck.
  2. Q: So it’s you, Kyle, Ucci and Tristan riding together in Kyle’s truck? A; Yes!

(No mention of ever swapping trucks!)

 

(8:2) Says Tristan driving his truck!

 

58:17  Q.     Corey, I'm sorry, Corey's driving, you're in the

18  passenger, Tristan and Corey are in the back seat?

 19  A.     That's correct.

 20  Q.     You're new truck?

 21  A.     My new truck, yeah.

 22  Q.     You like a lot?

 23  A.     Yeah.

 24  Q.     You're the passenger?

 25  A.     Yep.

0059

 01  Q.     Why is that?

 02  A.     I felt like being the passenger.  I was the

 03  passenger all day, you know, I been driving all day.  I

 04  let Corey drive my truck.

(says he was driving all day admits he was in his truck all day!)

 

FS Corey Bolaski

(91:7-16) Q: Okay, was Kyle, had Kyle been drinking at any point that you saw? I mean I’m asking that because why isn’t Kyle driving his own truck?

A: I think yeah, I think so earlier on that day he was. I don’t know. Like I said that wasn’t my truck. I was with my Dad. He was in his truck then we went back to Chester and he was still in his truck! Then I just started to drive it. I don’t even know why. I just did!

showed Tristan. 

 

At this point, in K Bolaski’s GJ testimony, we learn how he started his day. We learn these events in his own words. We also learn his statements to Jenkins contradict his Grand Jury Testimony, and finally, we learn that these events will be contradicted by testimonies, and statements, of all involved in this murder.

 

In K Bolaski’s GJ Transcripts—Page 24—Line 18 below, he was asked what time he got up on Sunday morning, and what he did.

 18  Q.     What time did you get up?

 19  A.     Approximately nine-thirty, ten o'clock. 

 20  Q.     Okay.  What did you do?

 21  A.     We had intention to be working for my father.  I

 22  had been working at Homestead during the week.  On the

 23  weekends usually I'd try to make some extra money by

 24  working for my father.  He had side jobs, and he had some

 25  landscaping projects that we had going on at his house,

0025

 01  so we went there.  We did a little bit of work.

 02  Q.     We being who?

 03  A.     Jerry Ucci and myself.

 04  Q.     All right.  So --

 05  A.     So we worked there for a few hours, and, you know,

 06  we'd been working all week, so we said, you know what,

 07  let's go have a little enjoyment.

In J Ucci’s Grand Jury Transcript Page 114—Line 7 below, we have a completely different time frame, along with a different beginning to the day. Not only does J Ucci claim they woke up at noontime but they didn’t do any landscaping at all.

 

Please note: Most of J Ucci’s testimony comes from his GJ Transcripts. His statement to police taken on the night in question is limited to 17 pages, and therefore suspect to tampering. Once you open this file, you’ll notice right away that the questioning officer is unidentified, unlike all the other statements taken from each individual that was there which identified each questioning officer.

 17  Q.     So stupid question, where did you wake up on

 18  Sunday?

 19  A.     At the apartment.

 20  Q.     About what time?

 21  A.     I'd say it was around noon.

 22  Q.     We're learning that the sleeping habits of some

 23  people may be a little different, but I'm starting to

 24  understand one who sleeps at my house a little bit. 

 25               Okay.  Did Kyle spend the night there, as

0115

 01  well? 

 02  A.     Yes.

 03  Q.     Anybody else?

 04  A.     No.

 05  Q.     Any pets?

 06  A.     Yes, Kyle's dog Harley.

 07  Q.     What did you do?  What time did you leave the

 08  house? 

 09  A.     Shortly after noon, we went from his house, we

 10  were supposed to go work for his father.  We went over to

 11  his father's house in Springfield.  We were kind of

 12  feeling lazy that day, and we decided against working.

 13  We met up with his father and his brother around, I

 14  think, it was two-thirty.  Corey had just got done

 15  working, and we decided that the three of us were going

 16  to go out scouting for deer.

 17  Q.     The three, the third person being whom?

 18  A.     Corey Bolaski.

 19  Q.     What does Corey do for work?

 20  A.     Corey works at MJS Landscaping in Bellows Falls.

 21  Q.     He's landscaper, as well?

 22  A.     Yes.

 23  Q.     You and Kyle went from your place, from Chester to

 24  Kyle's dad's house in Springfield?

 25  A.     Correct.

0116

 01  Q.     In what vehicle?

 02  A.     In Kyle's, Kyle's vehicle.

 03  Q.     What is that?

 04  A.     He has a Ford F350 pickup truck.

 05  Q.     Who drove that?

 06  A.     Kyle.

 07  Q.     Do you, did you do some landscaping?

 08  A.     Not on Sunday, no.

 09  Q.     So the plan was to do some, but you didn't do any?

 10  A.     Right, right.

In K Bolaski’s Grand Jury Transcript, Page 22—Line 9 below, K Bolaski claims he has never heard of Vinnie.

 

 09  Q.     Okay.  Before August of this year, Mr. Bolaski,

 10  did you know a person by the name of Vincent Tamburello?

 11  A.     No, sir, not at all.

 12  Q.     Ever meet him?

 13  A.     Never.

 14  Q.     Had you ever heard about him? 

 15  A.     Never.

And in K Bolaski’s interview with Jenkins, Page 102—line 23-24 below, he states he has no idea who he is,

I’ve never even spoken to this kid in my life. I don’t even know who he is. No idea.

 

But in Adrienne and Michael Gleason’s Interview with Detective Burgess---Page 35---line 17 below, K Bolaski’s friends claim that, not only were they friends with Vinnie’s brother, but Kyle was friends with him too.

 

35

17               ADRIANNE GLEASON:  The weird thing is,

18   though, we're -- we were friends with Vinny's brother. 

19   Kyle was friends with him too. 

 

And in C Bolaski’s statement to Trooper Trudeau, beginning on Page 15—Line 15 C Bolaski gets into the circle of friendship forming with Vinnie and those involved. You’ll find, as these interviews go on, that this is a lot of information to find out about one person in such a short period of time. This interview happened to be taken the same night as this event. What’s also important is, CT is of celebrity status, and you know the talk among that demographic. It’s clearly obvious, if Corey and Kyle Bolaski live in the same building, and are brothers, they’ve talked about the new kids in town before this incident.

 

15      Q.   Do you know his name at all, just so --

16      A.   Yeah, his --

17      Q.   What?

18      A.   -- name is Vinnie or something.

19      Q.   Vinnie?

20      A.   Vincent, Vinnie.

21      Q.   Okay.

22      A.   I don't know anything other than that.

23      Q.   I mean, that's the first I've heard his name, so

24   that's why I'm just asking you.  So when we're talking about

25   this guy, I know which guy you're talking about.  Tell me

16

 1   about yesterday.

 2      A.   I went to bed early yesterday.  I wasn't involved in

 3   any of this yesterday. 

 4      Q.   What do you know about yesterday?

 5      A.   I know about yesterday is that I'm friends with --

 6   vaguely friends with this kid Tristan Blanchard, and I'm

 7   friends with Gibb, Gibb Bastian.

 8      Q.   Tristan and Gibb, yeah.

 9      A.   Yup.  And yesterday supposedly -- and Ben Millay.

10      Q.   And Ben?

11      A.   Ben Millay.  Ben and Tristan were at Tristan's house

12   in Chester yesterday.

13      Q.   Uh-huh.

14      A.   This kid, Vinnie, shows up at Tristan's house, --

15      Q.   Yup.

16      A.   -- from what I heard.

17      Q.   Who told you this?

18      A.   Tristan told me this.

19      Q.   Tristan, okay.

20      A.   And Gibb told me this.

21      Q.   All three of these guys were there?

22      A.   I didn't talk to Ben.  Yes, all -- well, Gibb wasn't

23   there.  Tristan and Ben were there at this point in time

24   when this kid showed up.

25      Q.   Okay.

17

 1      A.   This kid, Vinnie.  Vinnie showed up up there.  The

 2   door was unlocked.  He just came upstairs.  He wouldn't --

 3   from what I understand, he wanted to -- oh, because Tristan

 4   and Ben were there, and Ben had been dating this girl or had

 5   messed around, had relations with this girl Julie Kronberg,

 6   okay?

 7      Q.   Julie, got ya.

 8      A.   Julie Kronberg.

 9      Q.   Now, --

10      A.   Vinnie and Julie had just started hanging out

11   recently.

12      Q.   Okay.

13      A.   So Julie said something about Ben Millay saying

14   something that he said, okay.  So he knew that Ben Millay

15   was at Tristan's from his truck.  Ben's truck was at

16   Tristan's.

17      Q.   And Gibb wasn't there yet?

18      A.   Gibb was not there.

19      Q.   Got ya.

20      A.   From what I understand.  But Gibb was dating that

21   other girl Kirby who is in for witnessing right now.  They

22   had just broken up.  They had been together for eight years.

23   They had just broken up.

24      Q.   Uh-huh.

25      A.   Gibb -- and she had been hanging out with this kid

18

 1   Vinnie too, I guess, from what I had heard.  She had been

 2   hanging out with this kid.  This kid Vinnie is from Boston.

 3   His brother, C.T., was in the Real World or some shit, and

 4   he's a bigger kid.  That's all we know.  He's from Boston

 5   and he's -- his brother's in the real world, C.T., this

 6   Vinnie kid.

 7      Q.   Okay.  Vinnie was -- is --

 8      A.   Vinnie is dating --

 9      Q.   Dating Julie now?

10      A.   Is hanging out with Julie.

 

So, in K Bolaski’s GJ Transcript, Page 22—Line 16, he claims he heard about Vinnie, and what happened Saturday night by one of his friends, Gib Bastion, via cellphone, which is what C Bolaski was speculating, above.

 

 16  Q.     When is the first time that the name Vincent

 17  Tamburello popped up on your radar screen?

 18  A.     I heard briefly about a series of events that

 19  occurred, I guess it was on Saturday, through one of my

 20  friends, Gib Bastian. 

 21  Q.     What did Gib tell you?

 22  A.     He said that he had knocked him out and he had to

 23  go to the emergency room, and that was about it, on

 24  Saturday.

 

But in his Interview with Jenkins---Page 55, Line 9—below, not only does K Bolaski claim no one told him anything, but he also claims he doesn’t even know Gib. In fact, he claims he doesn’t even know Gib’s last name—four sentences after he states Gib’s last name.

 

9      Q.     Okay.  What was the problem? 

10       A.     I don't -- I'm not sure.  I don't know what

11   it was. 

12       Q.     Nobody told you anything?  Nobody told

13   you -- 

14       A.     No, sir. 

15       Q.     -- what the problem was? 

16       A.     No, sir.  All's I know is that he was

17   looking for the kid that was with me, Tristan. 

18       Q.     He was looking for Tristan? 

19       A.     Yep. 

20       Q.     Okay. 

21        A.     He had hit -- he had hit Gib in the face. 

22       Q.     He hit who? 

23       A.     Gib Bastion (phonetically). 

24       Q.     Who's Gib? 

25       A.     In Springfield. 

56

 1       Q.     Gib who? 

 2       A.     Gib.  I'm not sure of his last name. 

 3       Q.     When -- when -- he hit Gib where? 

 4       A.     He hit Gib in Springfield. 

 5       Q.     What do you think his last name is? 

 6       A.     I'm not sure.  I don't know him all that

 7   well.

 

  And then, in K Bolaski’s GJ Transcript, Page 23—Line 3 below, he claims Gib is a friend of his that told him what happened on the prior night, Saturday.

 

03  Q.     Who told you about what happened to Gib?

 04  A.     Gib.

 05  Q.     How did he tell you that, in person, by phone? 

 06  A.     By phone.

 07  Q.     When did he tell you that?

 08  A.     Saturday night.

 11  Q.     You know where he was when he told you that?

 12  A.     I think he was on the way to the emergency room.

 13  Q.     Who called whom?

 14  A.     I believe I may have called him just to see what

 15  was going on.  He's a friend of mine.

 

Now, in C Bolaski’s statement to Trooper Trudeau, Page 28—Line 9, C Bolaski claims Gib, and Blanchard, told him this, but as the story unfolds, you’ll find that C Bolaski never talked with Gib on Sunday. So he had to have spoken with Gib about this on Saturday night, which K Bolaski claimed when Gib told him, above.

 

9      Q.   Got ya.

10      A.   They didn't do anything.

11      Q.   So Springfield PD shows up at Julie's?

12      A.   Shows up.  They showed up, --

13      Q.   Okay.

14      A.   -- supposedly from what I heard.

15      Q.   And Gibb told you all of this so far?

16      A.   Yeah, Gibb told me all this.  Tristan told me all

17   this.  Because the reason I know this is because I picked

18   Tristan up later tonight -- today.  I picked Tristan up,

19   okay.

20      Q.   Okay.

21      A.   Later that night --

   

 

 

Now, in K Bolaski’s GJ Transcripts—Page 26—Line 8 below, he claims he has a .22 semi-automatic Marlin he always keeps in his truck---

 

08  Q.     At this time, are there any guns in your car?

 09  A.     Yeah, a .22, semi-automatic, Marlin, that I always

 10  keep in my truck.

 11  Q.     Scope or no scope?

 12  A.     Had scope, three by nine.

 

But in his interview with Jenkins on Page 4—Line 10 below, he claims it’s the 30-06 he always has in his truck, but as these transcripts unfold, you’ll find that the 30.06 is not always in his truck, but was retrieved from their apartment, by Corey, just before they went down to meet Vinnie.

 

 

10                                                      and I had a

11   30-06 in my truck that I always carry in my truck

12   because I'm a hunter, and I had been scouting around

13   that day, and it's coyote season, so I always have one

14   in my truck.

 

To further his claim to the 30.06, in his statement to Jenkins, beginning on Page 52—Line 18 that he always keeps the clip loaded. But in the passage following this, we learn that it’s not his gun, it’s his brother’s gun.

 

 

18       Q.     How many times did you shoot in total? 

19       A.     Two. 

20       Q.     Just two times? 

21       A.     Two times.  Yes, sir. 

22       Q.     You're sure? 

23       A.     Yes, sir. 

24       Q.     Positive? 

25       A.     Positive. 

53

 1       Q.     So when we look at the magazine or the clip

 2   in the rifle, there should be three more rounds left? 

 3       A.     Right.  But I'm not sure how many rounds

 4   were actually in that clip. 

 5       Q.     Why's that? 

 6       A.     I'm not positive.  I always keep a cartri --

 7   the clip loaded.  I don't know how many shots were in

 8   there actually today.  Understand that? 

 9       Q.     Um hum. 

10       A.     I shot twice.  I don't know how many shots

11   are left in there. 

12       Q.     Okay. 

13       A.     There could be four -- I always keep the

14   mag -- the clip loaded with some

 

In this passage, we learn from K Bolaski’s GJ Transcripts Page 55—Line 19 below, that Corey went into his house to get the 30-06, which Kyle now claims is his brother Corey’s rifle

 

 18  Q.     What happens when you get to your apartment?

 19  A.     We switch vehicles because Corey's vehicle was

 20  pretty much out of gas.

 21  Q.     All right.  You had had a .22?

 22  A.     Yes.

 23  Q.     What was with that?

 24  A.     I put the .22 back in my vehicle where I always

 25  have it.  I always keep it right in my truck.  And I put

0056

 01  my dog in the back seat of my truck.  And I get in the

 02  passenger side of my truck, and Jerry gets in the back

 03  seat.  Corey goes inside.  Earlier in the day Tristan had

 04  said he wanted protection, he said he talked to his step-

 05  dad about getting a pistol just in case that guy came

 06  back to his house, he didn't feel comfortable sleeping at

 07  Night, he didn't know when he was coming back, he

 08  obviously broken into his house, and so Corey had offered

 09  him earlier in the day protection for the night, he said

 10  you can borrow my rifle For the night.  Tristan

 11  acknowledged the fact that, you know, okay.  So Corey

 12  came out, and he brought the rifle and showed Tristan. 

 13  Tristan acknowledges the fact that it was, it was for

 14  him, it was the 30-06.

 15  Q.     Whose gun is it? 

 16  A.     That's Corey's gun.

 

And then, in C Bolaki’s Interview with Trooper Trudeau Page 34—Line 21 below, Corey claims he doesn’t know anything about the 30-06, other than it’s a high-powered rifle that’s always in the truck, which was already disputed in the above testimony of K Bolaski that Corey went into their apartment to get the rifle.

 

21     Q.   Got ya.  So you guys were scouting for deer season

22   from 2:30 --

23      A.   Yeah.

24      Q.   -- till 4:30 in that area?

25      A.   Yeah.  We went out looking at trails and stuff, and

35

 1   obviously we had a -- we had a .22 with us and I think -- I

 2   don't know.  There was another -- it was another -- it was a

 3   high powered rifle.  It was, whatever.

 4      Q.   Yeah.

 5      A.   It's always in the truck.

 

Now, in Corey’s own words from his Grand Jury Testimony Page 229—Line 14 below, Corey states, not only is this his gun, but he’s had it for eight years, and if you noticed, in his own words above, all he knew was it was a high-powered rifle that is always in Kyle’s truck. But, again, we know Corey went into his apartment to get it.

 

 14  Q.     Just to be clear, the .22 belonged to Kyle, and

 15  the 30-06 belonged to you? 

 16  A.     Yep.

 17  Q.     How long had you had the 30-06?

 18  A.     My dad, actually that was my first rifle.  My dad

 19  bought that for me.  He worked at Fellows, and one of the

 20  ladies bought it for her husband, and he could no longer

 21  have guns, so we got that for real cheap, probably when I

 22  was fourteen years old, so we're looking like eight years

 23  ago, you know.

 24  Q.     I'm assuming it has some sentimental value to you?

 25  A.     That and I just bought, I have a .270 which, which

0230

 01  is, I hunt with now.  I boughten that last Christmas

 

In Tristan Blanchard’s statement with Sgt. Smith about the gun transfer Page 34—Line 15 below, he also states Corey went into the apartment to get the 30-06. It wasn’t until they knew they were going to meet Vinnie down the field, when they went into the apartment to get the 30.06.

 

15   Q. Okay. Then you go back to Corey’s house, right?

16   A. Um-hm.

17   Q. Corey goes inside, gets a gun you say?

18   A. Um-hm.

19   Q. What did the gun look like?

20   A. It’s just a rifle from what I know. I don’t know much about guns--

21   Q. Okay.

22   A. –but they were both rifles and I was told they were 30-06 with different calibers.

23   Q. All right. And Kyle has a gun in his truck--

24   A. Um-hm.

25   Q. –Is that right?

35

01   A. Um-hm.

02   Q. I—

03   A. Yes.

04   Q. Okay.

05   A. Sorry.

06   Q. And did Kyle take the rifle out of his truck?

07   A. Out of Corey’s? He took it out of Corey’s truck, and put it in his truck—

08   Q. In Kyle’s truck?

09   A. And then—and then we headed down to the field.

 

At this point, in K Bolaski’s GJ testimony, we learn how he started his day. We learn these events in his own words. We also learn his statements to Jenkins contradict his Grand Jury Testimony, and finally, we learn that these events will be contradicted by testimonies, and statements, of all involved in this murder.

 

In K Bolaski’s GJ Transcripts—Page 24—Line 18 below, he was asked what time he got up on Sunday morning, and what he did.

 

18  Q.     What time did you get up?

 19  A.     Approximately nine-thirty, ten o'clock. 

 20  Q.     Okay.  What did you do?

 21  A.     We had intention to be working for my father.  I

 22  had been working at Homestead during the week.  On the

 23  weekends usually I'd try to make some extra money by

 24  working for my father.  He had side jobs, and he had some

 25  landscaping projects that we had going on at his house,

0025

 01  so we went there.  We did a little bit of work.

 02  Q.     We being who?

 03  A.     Jerry Ucci and myself.

 04  Q.     All right.  So --

 05  A.     So we worked there for a few hours, and, you know,

 06  we'd been working all week, so we said, you know what,

 07  let's go have a little enjoyment.

 

In J Ucci’s Grand Jury Transcript Page 114—Line 7 below, we have a completely different time frame, along with a different beginning to the day. Not only does J Ucci claim they woke up at noontime but they didn’t do any landscaping at all.

 

Please note: Most of J Ucci’s testimony comes from his GJ Transcripts. His statement to police taken on the night in question is limited to 17 pages, and therefore suspect to tampering. Once you open this file, you’ll notice right away that the questioning officer is unidentified, unlike all the other statements taken from each individual that was there which identified each questioning officer.

 

 

 17  Q.     So stupid question, where did you wake up on

 18  Sunday?

 19  A.     At the apartment.

 20  Q.     About what time?

 21  A.     I'd say it was around noon.

 22  Q.     We're learning that the sleeping habits of some

 23  people may be a little different, but I'm starting to

 24  understand one who sleeps at my house a little bit. 

 25               Okay.  Did Kyle spend the night there, as

0115

 01  well? 

 02  A.     Yes.

 03  Q.     Anybody else?

 04  A.     No.

 05  Q.     Any pets?

 06  A.     Yes, Kyle's dog Harley.

 07  Q.     What did you do?  What time did you leave the

 08  house? 

 09  A.     Shortly after noon, we went from his house, we

 10  were supposed to go work for his father.  We went over to

 11  his father's house in Springfield.  We were kind of

 12  feeling lazy that day, and we decided against working.

 13  We met up with his father and his brother around, I

 14  think, it was two-thirty.  Corey had just got done

 15  working, and we decided that the three of us were going

 16  to go out scouting for deer.

 17  Q.     The three, the third person being whom?

 18  A.     Corey Bolaski.

 19  Q.     What does Corey do for work?

 20  A.     Corey works at MJS Landscaping in Bellows Falls.

 21  Q.     He's landscaper, as well?

 22  A.     Yes.

 23  Q.     You and Kyle went from your place, from Chester to

 24  Kyle's dad's house in Springfield?

 25  A.     Correct.

0116

 01  Q.     In what vehicle?

 02  A.     In Kyle's, Kyle's vehicle.

 03  Q.     What is that?

 04  A.     He has a Ford F350 pickup truck.

 05  Q.     Who drove that?

 06  A.     Kyle.

 07  Q.     Do you, did you do some landscaping?

 08  A.     Not on Sunday, no.

 09  Q.     So the plan was to do some, but you didn't do any?

 10  A.     Right, right.

 

And in Michael Gleason’s GJ Testimony, Page 190—Line 14 below, Michael Gleason says they were dropping hosta’s at his house late morning, early afternoon, which places them in Chester, not Springfield, at the time K Bolaski claims he went “scouting” with J Ucci.

 

 14  Q.     When's the next time that you had any type of

 15  communication with the people involved in that?

 16  A.     It was quiet that night, it was quiet.  I mean, I

 17  stayed home.  My wife and I were at home, you know, we

 18  talked about it, you know, a little bit among each other,

 19  and, you know, pretty much sat.  That was it. 

 20  Q.     So Sunday morning comes around --

 21  A.     Still quiet. 

 22  Q.     Any phone calls?

 23  A.     Kyle actually stopped over the house.  He had

 24  given me some hostas to plant in my dooryard, and he hung

 25  out probably for an hour, we shot the shit, you know,

0191

 01  hung out, whatever.  Excuse my French. 

 02  Q.     Okay. 

 03  A.     And I mean, that's, that's it.  Nothing was said. 

 04  Nothing was said at all.  He never said anything about

 05  Vinny, I never said, you know, nothing was said about it. 

 06  You know, Kyle was fine.  Everything was quiet.  We just

 07  talking, that's it.

 08  Q.     So you and Kyle talking for about an hour?

 09  A.     Yeah.

 10  Q.     After he drops off some plants?

 11  A.     Yeah, yeah, then he left. 

 12  Q.     About what time, you know, ballpark thinking, that

 13  he left?

 14  A.     Oh, gosh, I'll be honest with you, I don't

 15  remember.

 16  Q.     Sometime in the morning?

 17  A.     Yeah, it was late morning, probably.  Maybe early,

 18  early afternoon. 

 

 

Now, Tristan Blanchard’s GJ Testimony Page 225—Line 24 below, he states he was picked up, between 11:00am, and 2:00pm in Corey’s truck. But in further testimony from others in the vehicle, we learn it was K Bolaski’s truck he was picked up in, not C Bolaski’s.

 

 24  Q.     Did Kyle come and pick you up?

 25  A.     Yep.

0226

 01  Q.     In what vehicle?

 02  A.     It was Corey who picked me up, actually.  Corey

 03  was driving, Kyle was in the -- Corey was driving, Kyle

 04  was in the passenger seat, and Jerry Ucci was in the back

 05  with Kyle's dog.

 06  Q.     Did you get in the car?

 07  A.     Yep.

 08  Q.     Or the truck?

 09  A.     Yep.

 10  Q.     Whose truck was it?

 11  A.     Corey's.

 12  Q.     All right.  And about what time of day is it?

 13  A.     Early afternoon or mid afternoon, sometime between

 14  eleven and two, I want to say, sometime around there.

 15  Q.     Do you then drive around for awhile with those

 16  three other guys?

 17  A.     Yeah.

 

And, in Jordan Ebelt’s GJTestimony Page 176—Line 15, she corroborates T Blanchard’s above GJ testimony about the time C Bolaski picked him up

 

 15  Q.     So what happens on Sunday?

 16  A.     Sunday we woke up at like, we didn't get up to

 17  like two-thirty, I'm pretty sure, and me and Michelle

 18  went to town so I could get my toothbrush because I

 19  stayed at their house.

 20  Q.     At the Michelle's and Tristan's?

 21  A.     At Michelle and Tristan's.  We went into Family

 22  Dollar, we saw Julie Vinny and Kirby in the plaza.  We

 23  were all the way across the plaza by Peebles, we were

 24  over by Family Dollar, we went in and got the, my

 

Now, in K Bolaski’s GJ Transcripts Page 25—from the other half of Line 7 below, K Bolaski claims they went scouting after work at his dad’s. He gets into specific detail about J Ucci stalking a spike-horn deer.

 

                                             So we went up on the

 08  hill by my house, and I had to hang some scouting

 09  cameras.  I'm an avid hunter, deer hunter.

 10  Q.     Is what a scouting camera?

 11  A.     It's essentially a digital camera where you hang

 12  on a tree on various trails, actually takes pictures of

 13  the deer that are coming through, so you can decide, you

 14  know, where, where the best spot to hunt.  So we went up

 15  there for about an hour and a half.  Jerry had split off

 16  from me, and I went on my cameras.  He actually stalked a

 17  deer a spike horn he told me about it. 

 18  Q.     What is that, stalking?

 19  A.     He saw it, he was trying to get up close as he

 20  could.  It's pretty neat.  He told me about it.

 21  Q.     With the intention to kill it?

 22  A.     No, just to see how close he could get.  He said

 23  it was pretty neat encounter, actually.

 24  Q.     What vehicle were you in?

 25  A.     I was in my truck.

 

 

Yet, in his interview with Jenkins Page 127—Line 3 below, he never mentions anything about J Ucci’s encounter with the deer. This begins @ the time he claims to end landscaping, to the time he claims to have reached Chester.

 

He also states they were in Double Four Orchards until 3:30-4:00, but he states he ate at McDonald’s after he left Double Four, yet he claims to have eaten at McDonald’s between 3-3:30. And in T Blanchard’s GJ testimony above states that he was in the truck at that time. Yet there is no mention of him scouting, either.

 

 3        Q.     What time were you done landscaping? 

 4       A.     It was probably -- we -- we only put in a

 5   few hours there. 

 6       Q.     So what time were you done landscaping? 

 7       A.     Not sure exactly what time it was.  I think

 8   it was just after noon. 

 9       Q.     Early afternoon, late afternoon? 

10       A.     Just after noon.  I think it was one

11   o'clock, right around one o'clock. 

12       Q.     Think one o'clock?  Who was landscaping with

13   you? 

14       A.     Jerry. 

15       Q.     Who? 

16       A.     Jerry. 

17       Q.     Jerry? 

18       A.     Ucci. 

19       Q.     Just you and Jerry? 

20       A.     Yeah. 

21       Q.     Nobody else.  Okay.  What did you do at one? 

22       A.     We did some scouting. 

23       Q.     What's that? 

24       A.     We did some scouting in the woods. 

25       Q.     The two of you? 

128

 1       A.     Two of us, yeah. 

 2       Q.     Where did you go scouting? 

 3       A.     Up in the apple orchard where I hung -- 

 4       Q.     Where's that? 

 5       A.     Springfield right up by my parents' house. 

 6       Q.     Where?  Where -- where in -- where is it? 

 7       A.     North Springfield.  Orchard -- orchard

 8   where -- 

 9       Q.     Okay.  What -- like where did you -- where

10   did you go, where'd you park, where'd you -- 

11       A.     Parked at the top of the orchard and walked

12   up. 

13       Q.     Okay.  What -- what's the name of the road? 

14       A.     It's Double Four Orchards. 

15       Q.     What's that? 

16       A.     Double Four Orchards. 

17       Q.     Double Four? 

18       A.     Yeah. 

19       Q.     Okay.  But where do you go -- where do you

20   park? 

21       A.     Right at the top, the orchard. 

22       Q.     Did you drive into the orchard? 

23       A.     Yeah. 

24       Q.     Yes? 

25       A.     Yes.  There's a road that goes all the way

129

 1   up to the top. 

 2       Q.     Okay.  How do you -- I don't know where this

 3   orchard is.  How do you get to it? 

 4       A.     Right -- right by my house.  You go up --

 5   you go up (inaudible). 

 6       Q.     Up your parent -- by your parents' house or

 7   your house? 

 8       A.     My parents' house. 

 9       Q.     Okay. 

10       A.     It's a long drive to get up there. 

11       Q.     Is it -- is it behind your parents' house? 

12   Where is it? 

13       A.     Yeah, it's behind my parents' house. 

14       Q.     Okay.  So what road do you take to the

15   orchard? 

16       A.     It's a no-name road.  Off of Walnut Hill

17   Court. 

18       Q.     Off -- so off Walnut Hill Court? 

19       A.     Yeah. 

20       Q.     Okay.  Where'd you go? 

21       A.     Up to the orchard. 

22       Q.     Okay.  And then what?  

23       A.     From there?  Met up with my father. 

24       Q.     You said you drove to the top of the

25   orchard? 

130

 1       A.     Yeah. 

 2       Q.     In your truck? 

 3       A.     Yeah. 

 4       Q.     So you were actually in the apple orchard

 5   with your truck? 

 6       A.     Right. 

 7       Q.     Did you see anybody? 

 8       A.     No. 

 9       Q.     Jerry -- is it Jerry or Jay? 

10       A.     Jerry. 

11       Q.     Jerry? 

12       A.     Jerry. 

13       Q.     He go with you? 

14       A.     Yeah.  Went out and hung some trail cameras

15   for scouting, take pictures of the deer, digital

16   cameras. 

17       Q.     You set some up? 

18       A.     Yeah.  Take pictures of the deer. 

19       Q.     How many did you set up? 

20       A.     Two. 

21       Q.     Okay.  Where are they? 

22       A.     Up in the orchard. 

23       Q.     Where? 

24       A.     There's a couple in a couple different

25   corners up there.  There's two corners that I set them

131

 1   up at. 

 2       Q.     Do you have permission to go up in it? 

 3       A.     Yes. 

 4       Q.     From who? 

 5       A.     From the owner. 

 6       Q.     Who's he? 

 7       A.     There's a couple different areas up there. 

 8       Q.     Who's the owner? 

 9       A.     A guy from Pennsylvania. 

10       Q.     What's his name? 

11       A.     I can't remember his name right now.  I'm

12   get -- I'm really tired, Officer.  Been a long day. 

13       Q.     Yep.  So how long you up in the orchard? 

14       A.     Just for a few hours. 

15       Q.     Okay.  What time do you leave? 

16       A.     It was probably around 3:30, 4 o'clock. 

17   Went and did some errands. 

18       Q.     Where'd you go? 

19       A.     Just in Chester.  I had to go back, do some

20   laundry -- pick up some laundry at my parents' house,

21   then went back to Chester, had some dinner. 

22       Q.     Where'd you eat dinner? 

23       A.     Had dinner at McDonald's on the way back

24   through to Chester. 

25       Q.     McDonald's where? 

132

 1       A.     Springfield. 

 2       Q.     So you said you did errands.  You -- you got

 3   laundry at your parents'? 

 4       A.     Yeah.  My parents' house I did laundry. 

 5       Q.     What else? 

 6       A.     That's it. 

 7       Q.     Did you actually do it or just pick it up or

 8   what? 

 9       A.     I'd been -- I had been working on it, put a

10   load in, pick it up, put a load in, pick it up. 

11       Q.     What time did you eat at McDonald's? 

12       A.     I'm not sure what time it was. 

13       Q.     Best guess. 

14       A.     Sometime in the afternoon.  We were running

15   all kinds of errands. 

16       Q.     Okay. 

17       A.     Went back to Chester. 

18       Q.     What time did you eat at McDonald's? 

19       A.     Somewhere around afternoon. 

20       Q.     What time? 

21       A.     It was 3:30, 3:00. 

22       Q.     3:30, 3:00? 

23       A.     Three o'clock. 

24       Q.     Three, 3:30? 

25       A.     Yeah. 

133

 1       Q.     You say you left the orchard at 3:30 or

 2   4:00. 

 3       A.     We got -- we got McDonald's right around

 4   then.  We left the orchard and went and had McDonald's. 

 5       Q.     Okay. 

 6       A.     We did a bunch of things.  We went

 7   landscaping.  We did a bunch of things together. 

 8       Q.     You left the orchard.  How -- how long after

 9   you left the orchard did you get McDonald's? 

10       A.     It was not too long after. 

11       Q.     Five minutes?  Ten minutes?  What? 

12       A.     Half hour.  Had McDonald's. 

13       Q.     Okay.  (Inaudible).

14        A.     We went to Chester. 

 

Now, K Bolaski’s statement above he claims they finished scouting at Double Four Orchards at 3:30-4:00 and went to McDonald’s one half our after, which would have put them in that restaurant between 4-4:30. Yet, in the above interview with Jenkins, he never mentions Corey at all, only J Ucci.

 

And then in K Bolaski’s GJ Transcripts Page 27—Line 25 below, he states they went to McDonald’s at 2:30 when Corey showed up, not 4-4:30 like he states above.

 

25  Q.     What happens next?

0028

 01  A.     We proceeding to back down to my house, my

 02  parents' house, and we decided to get some lunch, went

 03  down to McDonalds, never a good idea.  But we went down

 04  to McDonalds to get some food, and I knew my brother was

 05  going to be coming back.  He was working with my father

 06  that day, and so we were waiting for him to have lunch. 

 07  Ended up showing up around two or two-thirty.  And which

 08  case Corey came with us.

 

And finally, in both C Bolaski’s, and J Ucci’s GJ testimony, and interviews with detectives, there was never any mention of McDonald’s. Also, in J Ucci’s GJ testimony on what they did when Corey met with them—Page116—Line 16, he never mentions his deer encounter in Double Four Orchards, or McDonald’s. Not only that, but he claims the only scouting they did was in Popple Dungeon later on in the day, which contradicts K Bolaski’s GJ above testimony above with the spiked deer encounter.

 

16  Q.     Where did you meet up with Corey?

 17  A.     At Corey and Kyle's parents' house.

 18  Q.     Do you know how Corey got there?

 19  A.     He was working with his father that day, and they

 20  came back to the house and met us there.

 21  Q.     Did Corey have a vehicle there?

 22  A.     He, no, his truck was at his apartment, which was

 23  below Kyle, it was just below Kyle's and our apartment.

 24  Q.     Back in Chester?

 25  A.     Yes.

0117

 01  Q.     So did you say Corey joined the two of you at this

 02  point?

 03  A.     He does.

 04  Q.     What do you do?

 05  A.     From there we drive back to Chester.

 

Following is C Bolaski’s GJ testimony on what they did when they met. Page 169—Line 16.

 

 16.                                 Then at two-thirty, we got done

 17  with what we were doing, so we came back to his house,

 18  where Kyle had been working, done some landscaping with

 19  Jerry Ucci.  I got back there, and I talked with those

 20  guys for a little bit, asked them what they were doing,

 21  if they were done working.  They said, yeah, we were done

 22  working, we were thinking about maybe doing some scouting

 23  in Chester, that area.  So I didn't really have much to

 24  do, I wanted to hang out with those guys, so I opted to

 25  go with them.  My dad said you want to go with me, or you

0170

 01  know, hang out with them?  I said I would hang out with

 02  them.  So I got in with them.  It was probably around

 03  three o'clock.  And we proceeded to make our way towards

 04  Chester.

 

Please note: Above C Bolaski says he got out of work at 2:30, but below in C Bolaski’s interview with Trooper Trudeau he claims Tristan called him when he left work at 3:00. Page 30—Line 6

 

06  A. That’s what Tristan told me because Tristan called me when I got out of work, which was at 3:00.

 

In that same interview with Trooper Trudeau on Page 32—Line 20, C Bolaski, again talks about that phone call from Tristan, only this time he says he didn’t get the call until 4:30-5:00, and now says he got out of work at 2:30.

 

20   A. I’d only been out of work an hour and a half.

21   Q. So what time were you on the phone with Tristan about?

22   A. That was probably, I want to say, probably 430ish, 5.

23   Q. I’m not holding you to the minute.

24   A. Probably around 4:30, 5, because I got out of work at 2:30.

 

But, again, in Tristan Blanchard’s GJ Testimony Page 227—Line 15 below, he states he was picked up, between 11:00am, and 2:00pm

 

 24  Q.     Did Kyle come and pick you up?

 25  A.     Yep.

0226

 01  Q.     In what vehicle?

 02  A.     It was Corey who picked me up, actually.  Corey

 03  was driving, Kyle was in the -- Corey was driving, Kyle

 04  was in the passenger seat, and Jerry Ucci was in the back

 05  with Kyle's dog.

 06  Q.     Did you get in the car?

 07  A.     Yep.

 08  Q.     Or the truck?

 09  A.     Yep.

 10  Q.     Whose truck was it?

 11  A.     Corey's.

 12  Q.     All right.  And about what time of day is it?

 13  A.     Early afternoon or mid afternoon, sometime between

 14  eleven and two, I want to say, sometime around there.

 15  Q.     Do you then drive around for awhile with those

 16  three other guys?

 17  A.     Yeah.

 

According to K Bolaski GJ Transcript Page 29—Line 3 below, he claims they were in his truck, and this is what they did when they got into Chester

 

 03               Okay, all right.  So you didn't have a

 04  plan at the start of the day to hang out with Corey, or

 05  did you?

 06  A.     Not originally.  It was when we met up, we had

 07  planned to work pretty much all the day at my father's

 08  house.  We had been trying to wrap up a project that

 09  we're working on.  Given that that is Sunday, we said

 10  let's enjoy a day, we got to go back to work tomorrow and

 11  start our workweek all over again, as we all do, I

 12  figured it would be nice to have some time to ourselves

 13  to enjoy the day.

 14  Q.     So it's now you and Jerry and Corey?

 15  A.     That's correct.

 16  Q.     In your truck, vehicle?

 17  A.     That's correct.

 18  Q.     Where do you go?

 19  A.     We had, we head towards Chester where we were

 20  living at the time.  And we decided to stop at a Gould's

 21  Market, which is in Chester.  I'm not sure if you guys

 22  are familiar with that.  Corey had to get a soda, and so

 23  Jerry and I waited in the truck.  Actually another

 24  co-worker of ours, Ian Sutherland, had stopped, and he

 25  was talking to us about just whatever, you know.  And he

0030

 01  had mentioned -- we'd told him we were going to do some

 02  scouting, we had plans for scouting -- he had mentioned

 03  his stepfather had some acres up in Popple Dungeon Road

 

But according to J Ucci’s GJ testimony Page 117—Line 1 below, they met Ian Sutherland at Lisai’s market when they got back to Chester. Also, Popple Dungeon Road is the only mention of scouting J Ucci does that day. He never claimed to be in Double Four Orchards, or had any encounter with a spiked deer

 

0117

 01  Q.     So did you say Corey joined the two of you at this

 02  point?

 03  A.     He does.

 04  Q.     What do you do?

 05  A.     From there we drive back to Chester, we went to

 06  Lisai's Market and met up with a co-worker of ours who

 07  worked at Homestead with us, and he had told us about

 08  some property that his father owned in Chester that we

 09  could go scout, which was up on Popple Dungeon Road.

 10  Q.     Who is that co-worker?

 11  A.     His name is Ian Sutherland.

 12  Q.     Okay, go ahead. 

 13  A.     So we head to Popple Dungeon Road.

 

J Ucci also claims in his GJ Transcripts, Page 115—Line 23 that C Bolaski joined them in K Bolaski’s Ford at their parent’s home in Springfield because C Bolaski’s truck was at their apartment in Chester.

 

 23     You and Kyle went from your place, from Chester to

 24  Kyle's dad's house in Springfield?

 25  A.     Correct.

0116

 01  Q.     In what vehicle?

 02  A.     In Kyle's, Kyle's vehicle.

 03  Q.     What is that?

 04  A.     He has a Ford F350 pickup truck.

 05  Q.     Who drove that?

 06  A.     Kyle.

 07  Q.     Do you, did you do some landscaping?

 08  A.     Not on Sunday, no.

 09  Q.     So the plan was to do some, but you didn't do any?

 10  A.     Right, right.

 11  Q.     And was that for, if you had done it, would it

 12  have been for work purposes, or just because it was

 13  family?

 14  A.     Kyle's dad had actually hired us to do some

 15  landscaping at his house.

 16  Q.     Where did you meet up with Corey?

 17  A.     At Corey and Kyle's parents' house.

 18  Q.     Do you know how Corey got there?

 19  A.     He was working with his father that day, and they

 20  came back to the house and met us there.

 21  Q.     Did Corey have a vehicle there?

 22  A.     He, no, his truck was at his apartment, which was

 23  below Kyle, it was just below Kyle's and our apartment.

 24  Q.     Back in Chester?

 25  A.     Yes.

 

But, according to C Bolaski’s statement to Trooper Trudeau, Page 30—Line 4, it was Corey, who picked Kyle up after he got out of work at 3:00, and drove him to Chester in his truck, not Kyle’s truck.

 

30

 4      Q.   Who did you hear that from? 

 5      A.   That was just the word on the streets.  That's what

 6   Tristan told me because Tristan called me -- after I got out

 7   of work, which was at 3:00, I told you I picked up Kyle, we

 8   all went back to the apartment, and Tristan called me from

 9   there all -- out in front of his house

 

Please note: C Bolaski says “I told you I picked up Kyle”. Yet, I went through the first 29 pages leading up to this statement, and not once did I read anything that indicated he told Trooper Trudeau he picked K Bolaski up in his truck after work.

 

Okay, now, when they leave Ian Sutherland, they K Bolaski claims they stop at Michael Gleason’s house to tell him to get some shrubbery in the ground and head to Popple Dungeon Road, where K Bolaski fires the .22 Marlin as stated in K Bolaski’s GJ Testimony Page 29—Line 18.

 

 18  Q.     Where do you go?

 19  A.     We had, we head towards Chester where we were

 20  living at the time.  And we decided to stop at a Gould's

 21  Market, which is in Chester.  I'm not sure if you guys

 22  are familiar with that.  Corey had to get a soda, and so

 23  Jerry and I waited in the truck.  Actually another

 24  co-worker of ours, Ian Sutherland, had stopped, and he

 25  was talking to us about just whatever, you know.  And he

0030

 01  had mentioned -- we'd told him we were going to do some

 02  scouting, we had plans for scouting -- he had mentioned

 03  his stepfather had some acres up in Popple Dungeon Road

 04  that we could go up, potentially look at, check out, so

 05  we said all right, and so that was the plan.  Corey got

 06  back in the truck, and I'd stopped at Mike Gleason's

 07  house.  I'd given him some hostas, and I wanted to make

 08  sure he got them in the ground.  But I had driven by his

 09  house, they were wilting.  I said got to get these into

 10  the ground, Mike, got to get these in the ground.  I

 11  talked to him, you better get those in the ground today,

 12  you're going to lose them if you don't.

 13  Q.     What kind of hostas?

 14  A.     Variegated green and while leaf.  Just a

 15  variegated hostas.  Purple blooming flowers.  So I talked

 16  to him, told him we were going to go scouting.  He said

 17  I'm going to get them in the ground, I'm going to get

 18  them in the ground. 

 18.                                     So we left, and we made our way up

 19  to Popple Dungeon and drove out there to where we thought

 20  he was talking about and --

 21  Q.     He being Ian, your friend?

 22  A.     Ian's, yeah.  Where he said that the land was. 

 23  And I ended up on a class-four road with my truck. 

 24  Q.     Was that, were you not happy about that?

 25  A.     No, it was pretty narrow.  I have a full-size Ford

0031

 01  F350, I was where deer would possibly be, so I said,

 02  okay, we'll take it driving down there.  My brother's

 03  complaining in the back, you know, it's bumpy.  He's in

 04  the back seat, bang, banging around.  He said calm down

 05  here, he said I'm sick of sitting back here.  Along the

 06  way we'd stopped and seen some deer runs where the deer

 07  crossed the road and stopped and checked it out, looked

 08  for tracks, you know, looked like a good area to hunt,

 09  possibly during bow season.  And one of those stops is

 10  when I had stopped to fire the .22.

 

Please note: Michael Gleason’s statement to Det. Burgess, and his GJ testimony states that K Bolaski only stopped at his place one time during that day(late morning to early afternoon). In fact, Mike Gleason states he tried, on numerous occasions, to get in touch with K Bolaski, to no avail.

 

In K Bolaski’s GJ Transcripts Page 32—Line 9 below, K Bolaski claims he fired the .22 Marlin in Popple Dungeon Road at 3:30-3:45. Please Note: K Bolaski claims they got out several times while in Popple Dungeon Road along that trip.

 

 09  Q.     Okay.  So best estimate, what time is it when you

 10  fire the .22?

 11  A.     It's probably, we were on that road (Popple Dungeon) for possibly

 12  an hour, seemed like it never ended, of course we had

 13  gotten out a few times, Corey had to go to the bathroom

 14  once.  We were looking for deer signs, rubs, where deer,

 15  bucks would rub trees and stuff so --

 16  Q.     Just so we're clear, sorry to cut you off, the

 17  male deer rubs against a tree, you can see the sign of

 18  that?

 19  A.     Yeah, that's correct.

 20  Q.     Okay. 

 21  A.     Typically this time of year they were trying to

 22  get the velvet off their antlers.  They carry velvet

 23  throughout the summer.  They rub the trees to get the

 24  velvet off.  This was approximately maybe three-thirty,

 25  this point, quarter of four.

 

Yet, in his own statement to Jenkins Page 131—Line 13 below, he states they were in the (Double Four) orchard in Springfield at that time.

 

13   Q. Yep. So how long you up in the orchard?

14   A. Just for a few hours.

15   Q. Okay. What time did you leave?

16   A. It was probably around 3:30-4

 

And below, C Bolaski claims they were in Popple Dungeon Road at that time according to his GJ Testimony, Page 34—Line 3, which he claims to already have the 30.06 in the truck. The problem here is, C Bolaski could not have been in Popple Dungeon Road with K Bolaski and J Ucci between 3:30 and 3:45, when K Bolaski and J Ucci didn’t get out of Double Four Orchard until 4-4:30

 

 3      Q.   Who's Jerry?

 4      A.   Jerry Ucci was -- he works with my brother at

 5   Homestead, and they're always together.

 6      Q.   So you were with Jerry --

 7      A.   Yeah.

 8      Q.   -- scouting today?

 9      A.   Me, Jerry and Kyle.  Scouting, yes.

10      Q.   Okay.

11      A.   We went back to the apartment so I could tell my

12   girlfriend what we were doing.

13      Q.   You, Jerry and Kyle?

14      A.   Yeah.

15      Q.   What's Jerry's last name?

16      A.   Ucci.  I think it's U-s-s-i.

17      Q.   And what's Kyle's last name?

18      A.   Same as mine.

19      Q.   Oh, that's your brother.

20      A.   My brother. 

21      Q.   Got ya.  So you guys were scouting for deer season

22   from 2:30 --

23      A.   Yeah.

24      Q.   -- till 4:30 in that area?

25      A.   Yeah.  We went out looking at trails and stuff, and

35

 1   obviously we had a -- we had a .22 with us and I think -- I

 2   don't know.  There was another -- it was another -- it was a

 3   high powered rifle.  It was, whatever.

 

 

And, in J Ucci’s GJ Testimony Page 120—Line 24 there is no mention of anyone firing a .22 while they are in Popple Dungeon.

 

 24  Q.     Do you know the name of the location where you

 25  went to scout deer?

0121

 01  A.     No, it was off of a, of Popple Dungeon Road, it

 02  was a logging trail.

 03  Q.     Any landmarks, any --

 04  A.     No, pretty much down the middle of forest.

 05  Q.     Did you have a plan for the balance of the day?

 06  A.     No, we were just, you know, going with the flow. 

 07  It was, you know, taking a day off.  We worked, you know,

 08  usually fifty, fifty-five hours a week, so we needed a

 09  little break.

 10  Q.     Okay.  Understanding where we're heading with

 11  these events.  What, what's the next thing that happened

 12  that was of significance?

 13  A.     We got towards the end of the logging road, and I

 14  guess it was around the time that Kyle's mom's store was

 15  closing, she called Kyle because his dog was there, and

 16  she wanted us, you know, to come pick the dog up because

 17  she wanted to know what we were doing with the dog,

 18  obviously.  So he got off the phone with her, and we went

 19  back in his apartment.

 

And then, in Tristan Blanchard’s GJ Testimony Page 227—Line 15 below, he states he was picked up, between 11:00am, and 2:00pm. The dog, Harley, was already in the truck at the time Kyle and Corey Bolaski claim their mother called to have them get the dog so she can close the store. This is significant, because

 

 24  Q.     Did Kyle come and pick you up?

 25  A.     Yep.

0226

 01  Q.     In what vehicle?

 02  A.     It was Corey who picked me up, actually.  Corey

 03  was driving, Kyle was in the -- Corey was driving, Kyle

 04  was in the passenger seat, and Jerry Ucci was in the back

 05  with Kyle's dog.

 06  Q.     Did you get in the car?

 07  A.     Yep.

 08  Q.     Or the truck?

 09  A.     Yep.

 10  Q.     Whose truck was it?

 11  A.     Corey's.

 12  Q.     All right.  And about what time of day is it?

 13  A.     Early afternoon or mid afternoon, sometime between

 14  eleven and two, I want to say, sometime around there.

 15  Q.     Do you then drive around for awhile with those

 16  three other guys?

 17  A.     Yeah.

 

And in C Bolaski’s statement to Trooper Trudeau beginning on Page35—Line 15 below, Corey claims they were in K Bolaski’s truck when they picked Tristan up. He was asked “who’s truck” several times and he continued to state it was Kyle’s truck. He also mentions that the dog was there at the time. So the dog was already with them when they picked T Blanchard up between 11:00am-2:00pm.

 

Now, the reason why this long passage is significant is because C Bolaski gets into detail about everything they did in K Bolaski’s truck, which is everything up to the phone call J  Ucci had with Vinnie, which you will learn took place at T-Bird’s Mini Mart less than a minute’s drive from Vinnie’s residence in Springfield.

 

15      Q.   Okay.

16      A.   So anyhow, we got out of the woods.  We went back

17   there and we saw him, then we called Tristan and we talked

18   to Tristan, and he was scared.  So we went back to his

19   place, picked Tristan up.  So now me and Tristan are

20   together, Tristan started driving, and he was with me and

21   Kyle and Jerry, and that was it, in Kyle's car.

22      Q.   So there was four of you?

23      A.   Me, Kyle, Jerry, yeah.

24      Q.   The three of you guys that were scouting --

25      A.   Yeah.

 36

 1      Q.   -- and Tristan?

 2      A.   And Tristan.  And Kyle's dog at that point.

 3      Q.   You guys were riding around then or --

 4      A.   Yeah, we had just left my house.  We went and picked

 5   Tristan up.

 6      Q.   So you're in your truck, or your brother's truck

 7   or --

 8       A.   No, we were in my brother's truck.

 9       Q.   Kyle's truck?

10      A.   Kyle's truck.

11      Q.   So you went to Tristan's in Kyle's truck.

12      A.   We picked Kyle -- or we went -- yeah.

13      Q.   So then it's you, Jerry, Kyle, Tristan riding

14   together?

15      A.   Yup.

16      Q.   Got ya. 

17      A.   And he's telling us what's going on and how he's so

18   scared, everything else, blah, blah, blah.  He's scared, he

19   don't know what to do.

20      Q.   So Tristan tells you --

21      A.   Yeah.

22      Q.   -- all this above information?

23      A.   Yeah, this, yeah.  I start saying, you know, what's

24   going on?  What's going on?  He's telling me.  He says, you

25   know, he's, like, telling me everything that's going on. 

37

 1   So, you know, me and Tristan had our differences, but we're

 2   good -- I would never want anybody to get the shit kicked

 3   out of 'em.  We're pretty --

 4      Q.   For what?

 5      A.   You know, we used hate each other and now we're

 6   decent friends and --

 7      Q.   Yeah.

 8      A.   And I'd expect somebody to help me out if some huge

 9   kid was going to beat the shit out of me --

10      Q.   Sure.

11      A.   -- and was stalking my house.  Like I said, he's

12   like, you know, I don't feel -- the kid came up to my house

13   yesterday once already with a knife.  What's he going to

14   come up with next, a gun?  Something. 

15      Q.   Okay.

16      A.   I don't know.  So he was scared.  We picked him up.

17   And he had told his girlfriend and this other girl to leave

18   so that way this kid showed up, they wouldn't be there.

19      Q.   Who is Tristan's girlfriend?

20      A.   Michelle Lachapelle.

21      Q.   Yeah.  Yeah.

22      A.   So they left and we left.

23      Q.   And who was with Michelle?

24      A.   I'm not sure.  I think Jordan, that Jordan chick, I

25   think.

38

 1      Q.   Yeah.

 2      A.   I don't know.

 3      Q.   That's all right.

 4      A.   I think.

 5      Q.   So Tristan tells Michelle and Jordan to leave his

 6   house?

 7      A.   Yes.

 8      Q.   So there's nobody at Tristan's house?

 9      A.   Yeah.  So that way if the kid comes back -- you got

10   somebody knocking.  Hello?

11      Q.   No, I think it was my foot.  Sorry.  So he tells the

12   girls to leave? 

13      A.   Yeah.  We all leave.

14      Q.   In case Vinnie shows up?

15      A.   In case, yeah, because they don't -- he doesn't, you

16   know, scared for them.

17      Q.   Yup.

18      A.   He doesn't --

19      Q.   Yup.

20      A.   So we all leave and we're driving.  We're just

21   driving around.  And Jerry calls Kirby because, like I said,

22   we had thought we had seen this kid.  And Tristan wanted to

23   talk to this kid and tell him, you know, what is your

24   problem.  But he's too scared of the kid.  So Jerry calls

25   Kirby up saying, where's this kid?  Where is Vinnie? 

 39

 1   Talking to Vinnie, you know.  What are you doing?  What's

 2   your problem?  This kid gets on the phone saying he's gonna

 3   -- he's a crazy mother F'er and he's going to find everyone

 4   involved and all this shit.

 5      Q.   So Jerry gets on the phone with him?

 6      A.   Yeah, oh, yeah.

 7      Q.   Because they're riding together?

 8      A.   Jerry calls --

 9      Q.   Jerry and --

10      A.   -- Kirby. 

11      Q.   Yup.

12      A.   Yup.  And Kirby gives the phone to this other kid.

13      Q.   So Kirby and Vinnie are together?

14      A.   Yeah.  Because Tristan had confirmed that they were

15   driving by his house.  They kept seeing this car drive by.

16   So we were, like, oh, that makes sense.  We had seen some

17   kid with Kirby earlier, you know.

18      Q.   So Jerry talks to Vinnie on the phone?

19      A.   Jerry knows Kirby.  Jerry went to Chester with

20   Kirby, you know what I mean?  We live in Chester, me and

21   Kyle, but I'm from Springfield.  So I don't really know

22   Jerry that well, I don't know Kirby that well.  Gibb's from

23   Chester.  I don't really -- but Jerry knows Kirby, so he

24   calls up Kirby and he's, like, you know, let me talk to this

25   Vinnie kid.  This Vinnie kid gets on the phone saying he's

 40

 1   going to beat everybody up, you know, he's going to hurt

 2   everyone, all this and that.  So Jerry, I think, told him to

 3   -- or he was asking him where he was or whatever, and the

 4   kid was saying he was going to beat him up, and he told him

 5   to -- I think he told him to -- that's why I don't -- I

 6   don't remember this part exactly, but I think he told him to

 7   go down to the ball field.  That's why I think the kid

 8   showed up there.  That's why I don't -- I don't -- I was

 9   inside at Jiffy Mart at this point in time.  I don't really

10   -- there was some -- there was some blue areas of where I

11   don't know, you know what I mean?

12      Q.   So you think Jerry told Vinnie to go to the ball

13   field?

14      A.   Right.  And Vinnie -- I mean, Jerry called up this

15   kid Tim, Tim Parker.  This is -- he's a bigger kid.  He

16   plays on the softball team.  He calls up -- Jerry and this

17   Tim are good friends, and Tim's a well known tough guy or

18   whatever, you know, whatever, I guess, and so frickin' --

19   he's, like, yeah, bring him -- have him come down to the

20   ball field, blah, blah, blah, this and that or something, I

21   think.

 

Now In C Bolaski’s GJ Testimony Page 172—Line 7, C Bolaski claims they did their scouting in Popple Dungeon Road by truck. The only time they got out was for him to relieve himself, and so K Bolaski can fire the .22 Marllin—twice—not once which K Bolaski claimed. Also, there is no mention of J Ucci’s up close and personal encounter with a spike-horned deer.

 

 07  Q.     So you're driving Popple Dungeon Road.  Do you get

 08  to that piece of land that you've been talking about

 09  scouting?

 10  A.     Yeah, we just -- can you rephrase? 

 11  Q.     Okay.  So you're, you're driving out this road

 12  toward that piece of land that you had heard was good for

 13  spotting deer, all that sort of stuff?

 14  A.     Right.  We headed out that way, and he told us

 15  where to enter, and it was like a class-four road, I

 16  believe, so we went up and proceeded out that way on a

 17  class-four road like a logging trail, we just meandering

 18  through the woods just headed out looking for deer, you

 19  know.  Looking for deer runs, and that was just about it.

 20  Q.     So are you doing that all from within the vehicle,

 21  are you getting out and --

 22  A.     No, we were doing that all mostly from the

 23  vehicle.  The only time we got out was I got out one time

 24  to take a leak, excuse me, and Kyle had gotten out once

 25  or twice, and that was when he had .22 that he normally

0173

 01  carried with him, and he had gotten out, and he had fired

 02  a couple shots into a knot of a tree, just, checking for

 03  accuracy.  I do remember that.  Other than that, none of

 04  us really got out of truck at all.  It was just like an

 05  hour or so ride slowly through the woods. 

 

I’d like to point out that every time they talk about the guns, they always follow with, “he always has it with him” or “he always carries it his truck”, yet you will find that isn’t the case. Because you will read that C Bolaski goes into his apartment to get the 30.06.

 

In K Bolaski GJ Transcript Page 33—Line 3 below, he is asked how much they had to drink.

 

 03  Q.     Okay.  How much you have to drink at this point in

 04  time, alcoholic beverages?

 05  A.     Maybe one beer at that point. 

 06  Q.     What alcohol is in the vehicle?

 07  A.     It was a six-pack of Budweiser there.

 08  Q.     You had one?

 09  A.     Yep.

 10  Q.     When did you have that?

 11  A.     I think I may have had that towards the end of the

 12  road, down, coming out.

 13  Q.     Okay.  Is Jerry drinking?

 14  A.     Jerry, I think Jerry had one, yeah.

 15  Q.     And your brother?

 16  A.     I'm pretty sure, yeah.

 

Now, in J Ucci’s GJ Testimony Page 119—Line 16 below, he is asked if there is vodka in the car and was anyone drinking it.

 

 16  Q.     A bottle of vodka in the vehicle?

 17  A.     There was.

 18  Q.     Was some of that consumed?

 19  A.     I did drink some of that, yes.

 

Also, in J Ucci’s cross-examination by a Juror, Page

But in C Bolaski’s statement to Trooper Trudeau, he states he didn’t drink until they got to the ball field.

 

19     Q.   You had three shots at the ball field?

20      A.   Yup.

21      Q.   Okay.  Did you have any shots or drinks prior to

22   that?

23      A.   No.

24      Q.   From the time you left work today?

25      A.   No.  I hadn't been drinking, no.

 

In C Bolaski’s statement to Trooper Trudeau, Page 83—Line 7, he states he didn’t drink until he got to the field where this incident unfolded. But he also claims he had three shots and a beer-and-a-half before this incident, yet Vinnie supposedly arrived at the park minutes behind them.

 

 7      Q.   How much did you have to drink today?  I know you

 8   said that you'd had a couple drinks so you weren't planning

 9   on driving.

10      A.   Yeah.  I had a couple beers there, but Tristan drove

11   down there.

12      Q.   Like, I mean, when did you -- when did you have the

13   first --

14      A.   I got there, I had a couple shots.  I had three

15   shots down there while I was –- like, between the time and

16   that was 20 minutes after we got there. 

17      Q.   "Down there" where though?

18      A.   Down to the ball field.

19      Q.   You had three shots at the ball field?

20      A.   Yup.

21      Q.   Okay.  Did you have any shots or drinks prior to

22   that?

23      A.   No.

24      Q.   From the time you left work today?

25      A.   No.  I hadn't been drinking, no.

 84

 1      Q.   Until you got to the ball field?

 2      A.   Right.

 3      Q.   Three shots?

 4      A.   Three shots.  And then I had another beer.  I had a

 5   beer and a half probably since I was there too.   

 

Now, in their own words, they stopped at Michael Gleason’s before they went into Popple Dungeon. In Michael and Adrienne Gleason’s Interview with Detective Burgess Page 30—Line 23 below, Adrienne says Kyle was drinking Vodka. This was before they went to Popple Dungeon.

 

23               DETECTIVE BURGESS:  I wonder why -- I

24   wonder why Mike didn't answer -- do you know -- or not

25   Mike. 

 31

 1               MICHAEL GLEASON:  Kyle. 

 2               DETECTIVE BURGESS:  Kyle.  I wonder why

 3   he didn't answer his phone. 

 4               MICHAEL GLEASON:  It was ten minutes

 5   before the boom. 

 6                ADRIANNE GLEASON:  You don't always get

 7   service, though (inaudible). 

 8               DETECTIVE BURGESS:  Yeah, I don't get any

 9   service here. 

10               MICHAEL GLEASON:  Yeah, sometimes --

11   sometimes he doesn't always answer, though, when I call

12   him, you know? 

13               ADRIANNE GLEASON:  Plus he probably had

14   his adrenaline running, you know. 

15               MICHAEL GLEASON:  Apparently I heard he

16   had been drinking. 

17                ADRIANNE GLEASON:  He'd been drinking

18   vodka. 

 

But, further on in C Bolaski’s statement to Trooper Trudeau Page 92—Line 8 below, Corey, again, claims they weren’t drinking yet.

 

 8      Q.   Yeah.

 9      A.   So that's when we came to Chester and went to Popple

10   Dungeon and went scouting and everything.

11      Q.   Got ya.

12      A.   Then we came back to Chester around 5:00, and we

13   still -- none of us had drank anything by then.

14      Q.   Okay.

15      A.   And then after that we went to the store and went to

16   Tristan's.  And then --

17      Q.   Did you guys get anything to drink at the store?

18      A.   No.  We just -- we had some beers I think I had had

19   at my house and he had had at his house.

20      Q.   Okay.  So did you go back to your house to drink or

21   did you --

22      A.   No.  We just went back to my house after we went

23   Popple Dungeon and grabbed those beers and grabbed -- you

24   know, and then we left and then that was --

25      Q.   Okay.

93

 1      A.   -- that was when we started drinking.

  

And then in J Ucci’s GJ Testimony Page 127—Line 25 below, he states there was vodka in the truck, and he’d been drinking some. This took place before they went to Mike and Adrienne Gleason’s place, as established in Adrienne’s above testimony.

 

25  Q.     Do you at some point return to Chester to the

0128

 01  Bolaski residence?

 02  A.     We do.

 03  Q.     How much later is that?

 04  A.     An hour and a half, I'd say, later.

 05  Q.     What do you do for an hour and a half?

 06  A.     We were just riding the back roads in Springfield.

 07  Q.     Who is drinking during that ride?

 08  A.     I was.

 09  Q.     Who else?

 10  A.     I was, I was the only one drinking.

 11  Q.     Kyle has stopped drinking now?

 12  A.     He did.

 13  Q.     Why?

 14  A.     I'm not sure why.  We only had a six-pack. 

 15  Q.     There's vodka, as well?

 16  A.     Right.

 17  Q.     Who is drinking that?

 18  A.     I only took a few sips off of it.

 

And when J Ucci is cross-examined by a Juror about drinking in his GJ Testimony, Page 165—Line 5, we find they had more than one beer, but now he claims he wasn’t drinking vodka, or smoking weed, which contradicts his initial line of questioning above, when he claims he did drink vodka also.

 

 05               JUROR:  You made reference that you were

 06  the only one that was drinking beer, smoking weed and --

 07               THE WITNESS:  No.

 08               JUROR:  -- drinking vodka? 

 09               THE WITNESS:  No, I said me and Kyle had a

 10  few beers.

 11               JUROR:  I thought I understood first you

 12  only had a couple beers each? 

 13               THE WITNESS:  Yeah. 

 14               JUROR:  Okay.  Also made reference later

 15  on that he switched, not wanting to drive vehicle because

 16  he already had a few beers?  I'm just unclear as to how

 17  much.

 18               THE WITNESS:  We had a six-pack split

 19  between the two of us.  That was it.

 20               JUROR:  Okay.  So more than two beers? 

 21               THE WITNESS:  Yes, two to three beers,

 22  yes.

 

And then, according to C Bolaski’s GJ Testimony Page 170—Line 8 below, he claims, in the first part of this testimony, there are no beers in the truck at all. But in the same line of questioning, and only twenty sentences later, Page 171—Line 18, C Bolaski claims there’s a twelve-pack in the back seat with him. That’s odd!!!

 

08  A.     We are in my brother's Ford F350.

 09  Q.     Who's driving that vehicle?

 10  A.     My brother.

 11  Q.     And front passenger seat, who's there?

 12  A.     Jerry.

 13  Q.     And where you sit?

 14  A.     I'm in the back.  Passenger seat.

 15  Q.     Any alcohol on board?

 16  A.     No.

 17  Q.     No beers?

 18  A.     Not that I had -- seen -- there didn't appear to

 19  be any at this point in time.

 20  Q.     If people were drinking beer, actually drinking

 21  beers in the vehicle, that's something you would have

 22  seen?

 23  A.     Right.

24  Q.     Any other alcoholic beverages other than beer

 25  potentially in the truck in the back seat?

0171

 01  A.     Not at that point in time, no.

 02  Q.     So I interrupted.  You're in Kyle's vehicle. 

 03  You're in Chester.  What are you doing?

 04  A.     We went to Gould's Market, stopped there, I ran

 05  in, grabbed a Pepsi, came back out, and Kyle was talking

 06  to his friend, Ian, also works at Homestead Landscaping,

 07  and he then was talking with him about his, because Ian

 08  lives out on Popple Dungeon Road, his parents own some

 09  land out there, so he started telling us about how it was

 10  a good spot, he'd been seeing some deer out there.  We

 11  never really been out there, so they were talking about,

 12  you know, just Kyle had said he wanted to go out there

 13  and take a look and scout, so then we, Ian said, told us

 14  where he had lived, gave us permission, you know, where

 15  to go in, so everything was all right with that.  And so

 16  we proceeded out that way, that's the thing, I'm not real

 17  exactly sure, at that point in time we were out there,

 18  there was some beer in the truck, so nobody had been

 19  drinking yet, but the, maybe it was like, I think it was

 20  like a twelve-pack or so, it was like half full.

 

And then we have T Blanchard’s GJ Testimony Page 227—Line 15 below, where he states when they picked him up, between 11:00am, and 2:00pm, THEY were taking shots of vodka, and drinking beers while they were in the car.

 

15  Q.     Where are you guys driving around?

 16  A.     We went back roads, Tribow Road.

 17  Q.     What else are you doing in the vehicle?

 18  A.     We are driving around.  They had a few beers and a

 19  pint of vodka in the car.  They were taking a few shots,

 20  had a few beers.  I don't know how much they were

 21  drinking that day.  I just got to the car.  We drove

 22  around, back roads, drove to Springfield, and went to

 23  T-Birds, then started going, coming back to Chester.  We

 24  have came back towards Chester.  We had passed a cop on

 25  Chester Road, and Corey got pretty upset, didn't know

0228

 01  what to do. 

 02  Q.     What was he upset about?

 03  A.     Well, they had been drinking a little bit.  I

 04  don't know if he knew whether he'd blow numbers or not. 

 05  I mean, he had open container in the car.  From what I

 06  know, Jerry had pot in the car.

 

Also, in T Blanchard’s statement to Sgt. Smith, Page 67—Line 5, he states they were drinking when they picked him up, which was already established between 11:00 and 2:00.

 

 5       Q.     Okay.  Was anybody drinking? 

 6       A.     Yes. 

 7       Q.     Who? 

 8       A.     Corey, Kyle and Jerry. 

 9       Q.     Okay.  When you say drinking, how much had

10   they had to drink? 

11       A.     I don't know honestly because when I got in

12   the truck with them -- 

13       Q.     Were they drinking while they were driving? 

14   Look, this isn't a DWI case, okay, but were they

15   drinking when they were driving?  Or when they were

16   cruising around, were they drinking?  Were they having

17   some beers? 

18       A.     I didn't see -- I didn't -- no, I didn't see

19   Corey with a beer in his hand.  I think I was pretty

20   aware that he had been drinking, I think, but I didn't

21   see him with a beer in his hand when he was driving. 

22       Q.     Okay.  When you say that you were aware

23   that they had been drinking, did you see Jerry with a

24   beer? 

25        A.     Yeah, Jerry had a beer.  He was in the back

68

 1   seat. 

 2       Q.     Did you see -- did you see Corey with a

 3   beer? 

 4       A.     No, not Corey. 

 5       Q.     Did you see Kyle with a beer? 

 6       A.     Yeah. 

 7        Q.     What kind of beer was it? 

 8       A.     Budweiser I'm pretty sure. 

 9       Q.     The King of Beers? 

10       A.     Oh, yeah. 

11       Q.     Okay. 

12       A.     I hate beer. 

13       Q.     How do you know Corey was drinking?  You say

14   it was obvious to you that he was? 

15       A.     Because it just seemed -- it seemed as

16   though they were all -- they were all riled up

 

In K Bolaski’s GJ Testimony, Page 32—Line 9 below, K Bolaski is asked what time he fired the .22 and he states it was about 3:30-3:45. He also states it was J Ucci, and Corey with him.

 

 09  Q.     Okay.  So best estimate, what time is it when you

 10  fire the .22?

 11  A.     It's probably, we were on that road for possibly

 12  an hour, seemed like it never ended, of course we had

 13  gotten out a few times, Corey had to go to the bathroom

 14  once.  We were looking for deer signs, rubs, where deer,

 15  bucks would rub trees and stuff so --

 16  Q.     Just so we're clear, sorry to cut you off, the

 17  male deer rubs against a tree, you can see the sign of

 18  that?

 19  A.     Yeah, that's correct.

 20  Q.     Okay. 

 21  A.     Typically this time of year they were trying to

 22  get the velvet off their antlers.  They carry velvet

 23  throughout the summer.  They rub the trees to get the

 24  velvet off.  This was approximately maybe three-thirty,

 25  this point, quarter of four.

0033

 01  Q.     It's Jerry, it's Corey?

 02  A.     That's correct.

 

Now, in C Bolaski’s GJ Testimony, Page 172—Line 7 below, C Bolaski gets into detail about how K Bolaski fires, not one but, two, shots into the knot of a tree.

 

07  Q.     So you're driving Popple Dungeon Road.  Do you get

 08  to that piece of land that you've been talking about

 09  scouting?

 10  A.     Yeah, we just -- can you rephrase? 

 11  Q.     Okay.  So you're, you're driving out this road

 12  toward that piece of land that you had heard was good for

 13  spotting deer, all that sort of stuff?

 14  A.     Right.  We headed out that way, and he told us

 15  where to enter, and it was like a class-four road, I

 16  believe, so we went up and proceeded out that way on a

 17  class-four road like a logging trail, we just meandering

 18  through the woods just headed out looking for deer, you

 19  know.  Looking for deer runs, and that was just about it.

 20  Q.     So are you doing that all from within the vehicle,

 21  are you getting out and --

 22  A.     No, we were doing that all mostly from the

 23  vehicle.  The only time we got out was I got out one time

 24  to take a leak, excuse me, and Kyle had gotten out once

 25  or twice, and that was when he had .22 that he normally

0173

 01  carried with him, and he had gotten out, and he had fired

 02  a couple shots into a knot of a tree, just, checking for

 03  accuracy.  I do remember that.  Other than that, none of

 04  us really got out of truck at all.  It was just like an

 05  hour or so ride slowly through the woods. 

 06  Q.     Now, when Kyle goes out, he checks.22 for

 07  accuracy, then when he's done, he puts the .22 back in

 08  the truck?

 09  A.     Yep.

 10  Q.     And where in the truck does the .22 go?

 11  A.     It was in the back seat.  I was in the back seat,

 12  and it was in the back seat.  I can't remember if it was

 13  under the seat, or if it was in a gun rack that was

 14  behind my head.  I can't remember exactly where it was.

 

Following J Ucci’s GJ Testimony below, is a critical point in reference to where K Bolaski claims the .22 was in his truck, which refutes C Bolaski’s claim where the rifle was above.

 

Yet, in J Ucci’s GJ Testimony, Page 122—Line 16 below, J Ucci claims the rifle was never fired. Now, it would appear to me that if a rifle were fired on a scouting run, you would remember that. After all, they claim to be experienced hunters, and with that experience comes the acknowledgement of a hunters rifle being discharged.

 

16  Q.     Before anyone gets to the ball field, so thinking

 17  about Sunday, before you get to the ball field, anyone

 18  discharge the rifle?

 19  A.     No.

 20  Q.     So during the scouting, is there any shooting at

 21  anything?

 22  A.     No.

 

 

Here we have K Bolaski’s GJ Testimony of where he claims to have placed the .22 after his claim to have fired it. This refutes C Bolaki’s claim above. Not only that, but if C Bolaski is in the back seat, there is no way he couldn’t notice where K Bolaski allegedly placed the .22. C Bolaski would have had to maneuver his way around it in the back seat.

 

13  Q.     Your brother is complaining because he's in the

 14  back seat?

 15  A.     That's correct.

 16  Q.     Is that a bucket seat, a bench seat?

 17  A.     It's a bench seat in the back, but Fords, the Ford

 18  seats in the back aren't very comfortable, kind of bench

 19  seats that's not very cushioned, I guess.  I can give him

 20  credit why he was complaining because it wasn't very

 21  comfortable.

 22  Q.     Where, if you have three or four people in your

 23  truck, where does, where is the .22 kept?

 24  A.     The .22 is usually kept in the back seat.  I

 25  typically have a gun rack.  I had a gun rack in my other

0035

 01  truck, but the gun rack didn't fit in this truck, because

 02  the windows is larger in the back, so it was in the back

 03  seat at that point.

 04  Q.     All right.  So I don't know what -- you made a

 05  hand gesture?

 06  A.     The barrel was facing down or under the seat.

 07  Q.     Towards, under the back seat?

 08  A.     Yes.

 09  Q.     And then the stalk?

 10  A.     The stalk would be facing towards the front.

 11  Q.     So is it on the back seat, on the ground, on the

 12  console?

 13  A.     The butt would have been on the console the barrel

 14  would be facing down.

 15  Q.     All right.  So the front seats are those bucket

 16  seats?

 17  A.     They are, it's a, I think they call it a

 18  two-thirds, then one, so in a sense you can move

 19  two-thirds of the seat with one side and the other side

 20  is single seat.  But has a folding down arm rest. 

 21  Q.     All right.  Was that folded down?

 22  A.     Yes.

 23  Q.     So, the driver could rest his arm on that arm

 24  rest, and the passenger could rest his arm on the arm

 25  rest, as well?

0036

 01  A.     That's correct.

 02  Q.     So was the .22 resting on the arm rest at all?

 03  A.     Yes.

 04  Q.     All right.  And that's the wooden butt end of the

 05  stock end that would go against your shoulder if you were

 06  firing?

 07  A.     That's correct.

 08  Q.     Pointed downward with the barrel under the back

 09  seat?

 10  A.     That's correct.

 11  Q.     Yes?

 12  A.     Yes.

 

In K Bolaski’s GJ Transcripts Page 36—Line 13 below, K Bolaski claims his mom had his dog, but we’ve already established that Harley, the dog, was in the truck when they picked T Blanchard up between 11:00-2:00. Also, he claimed to be in Double Four Orchard, in Springfield, up until 4:00

 

13  Q.     Okay.  So Corey is complaining, you now tell us

 14  understandably because he's in the back seat.  What do

 15  you do?

 16  A.     Well, we're still on this road, first of all,

 17  clear that up.  And we're coming down to the end.  I had

 18  got a phone call from my mother at her store.  At this

 19  point it's approximately four, four-thirty.  She's

 20  getting ready to close, she closes at five. And Harley

 21  wasn't with us at that point, my dog Harley.  She had

 22  been watching him because they were, we were working

 23  earlier, and bringing a dog into the woods when you're

 24  scouting isn't a really good idea.  You got him pulling,

 25  chasing deer, trying to, you know, it's not a good idea. 

0037

 01  Got my hands full.  So I left him there.  So she calls at

 02  approximately four, four-thirty, and I answer, she says

 03  where are you?  I said I'm on a back road, Popple

 04  Dungeon.  She says, well, I'm getting ready to close,

 05  it's getting close to five, will you come pick Harley up? 

 

Please Note: We’ve already established that Harley, the dog, was in the truck at this point in time through T Blanchard’s testimony, above, that states he was picked up between eleven and two, and Harley was already in the truck then.

 

Now, in K Bolaski’s GJ Testimony Page 38—Line 15 below, K Bolaski claims he got the call from Tristan Blanchard

 

 15  Q.     Other than the call from your mom indicating that

 16  she is closing and that you can come get Harley, had you

 17  gotten other phone calls from the time you, Jerry, and

 18  Corey set out?

 19  A.     Well, we had switched vehicles.  We were making

 20  our way to Springfield.

 21  Q.     Time out.  Before you switched, I'm sorry.  So, up

 22  until this point, have you gotten any other calls?

 23  A.     It was on our way out that I got the call from

 24  Tristan.

 25  Q.     After switching?

0039

 01  A.     Yes.

 

Yet, in T Blanchard’s statement to Detective Smith Page 18—Line 10 below, T Blanchard states that Kyle called him when they were riding by his house.

 

10   So then when I had seen them drive by, Kyle

11   Bolaski was calling my phone at that time, and I

12   answered the phone to Kyle

 

Again in T Blanchard’s GJ Testimony Page 224—Line 5, T Blanchard states it was K Bolaski that called him.

 

05  Q.     Okay.  Kyle, Corey, or Jerry, before Sunday,

 06  before involved in any way in the stuff that was going

 07  on?

 08  A.     As far as I know, I mean, Springfield's a little

 09  town, everyone hears what happens, so I'm sure he heard

 10  what happened, and I knew that they had heard what

 11  happened.  They, they called me that afternoon.

 12  Q.     So who called you?

 13  A.     Kyle.

 

In J Ucci’s GJ Testimony, Page 123—Line 10 below, J Ucci also states K Bolaski called T Blanchard—not the other way around.

                          

10  Q.     Do you go to that orchard?

 11  A.     No, we didn't make it to the orchard.  We left for

 12  the store, and we went up a back road that goes to

 13  Springfield, Tribow Road, and for some reason or another

 14  Kyle had called Tristan Blanchard because he's a friend

 15  of Kyle's.  I'm not sure why he called him

 

Once again, we have C Bolaski’s GJ Testimony, Page 178—Line 7, contradicting who called who.

 

                                              we left the store, and we

 08  took a right up Tribow Road, headed over to, it's like a,

 09  a back road that heads over to Springfield from Chester. 

 10  We got probably a mile or so up Tribow Road, and the

 11  phone rang, Kyle's cell phone rang, and he picked it up,

 12  it was Tristan Blanchard.

 

Now, in C Bolaski’s statement to Trooper Trudeau, beginning on Page 32—Line 20, C Bolaski starts out by saying T Blanchard “called us”, but if you read through this passage (it’s long because I didn’t want to interrupt the passage between the discrepancies), he states down on Page 35—Line 17, he states THEY called Tristan.

 

Please note the time C Bolaski claims he got out of work. On Page 33—Line 1 below, he claims to be out of work by 2:30.

 

20     Q.   So what time were you on the phone with Tristan

21   about?

22      A.   That was probably, I want to say, probably about

23   4:30-ish, five. 

24      Q.   I'm not holding you the minute. 

25      A.   Probably around 4:30, 5:00, because I got out of

 33

 1   work at 2:30, and that was in Springfield, and I came back

 2   to Chester, and we went out in the woods, and then we came

 3   back to my apartment and that's when I saw Kirby, this kid

 4   and everything else and Tristan called us and said, he keeps

 5   driving by our house.  He went out in his car, and they were

 6   following him in his car.  They kept following him.  He was

 7   worried about -- like, he was obviously, like, he said --

 8   like I said, he was scared shitless of this kid.  Never been

 9   -- I've never -- he said, he goes, I've never -- Corey, he

10   goes, I've never felt like I've had to have a gun in Vermont

11   to protect myself and, he goes, I feel like I have to

12   because I can't do nothing to protect my girlfriend,

13   anything.

14      Q.   What does Vinnie drive?  You said he was seen --

15      A.   I have no idea what he drives.

16      Q.   Okay.  I just didn't know if he told you.

17      A.   He was with Kirby in her Volkswagen.

18      Q.   Okay.

19      A.   It's a hatchback Volkswagen.  You know, I don't even

20   know what this kid looks like, so I couldn't even tell you

21   if I saw -- if you put in Vinnie I'd be, like, --

22      Q.   Yeah.  No idea. 

23      A.   Yeah.  I don't even know the kid.

24      Q.   Okay.

25      A.   So all’s I know is that Jerry said he was, like,

 34

 1   yeah, that was that kid because he somehow knows what he

 2   looks like or --

 3      Q.   Who's Jerry?

 4      A.   Jerry Ucci was -- he works with my brother at

 5   Homestead, and they're always together.

 6      Q.   So you were with Jerry --

 7      A.   Yeah.

 8      Q.   -- scouting today?

 9      A.   Me, Jerry and Kyle.  Scouting, yes.

10      Q.   Okay.

11      A.   We went back to the apartment so I could tell my

12   girlfriend what we were doing.

13      Q.   You, Jerry and Kyle?

14      A.   Yeah.

15      Q.   What's Jerry's last name?

16      A.   Ucci.  I think it's U-s-s-i.

17      Q.   And what's Kyle's last name?

18      A.   Same as mine.

19      Q.   Oh, that's your brother.

20      A.   My brother. 

21      Q.   Got ya.  So you guys were scouting for deer season

22   from 2:30 --

23      A.   Yeah.

24      Q.   -- till 4:30 in that area?

25      A.   Yeah.  We went out looking at trails and stuff, and

35

 1   obviously we had a -- we had a .22 with us and I think -- I

 2   don't know.  There was another -- it was another -- it was a

 3   high powered rifle.  It was, whatever.

 4      Q.   Yeah.

 5      A.   It's always in the truck.

 6      Q.   Sure.

 7      A.   It's unloaded for, you know, in case you ever run

 8   into bear or anything when --

 9      Q.   Yeah.

10      A.   -- you're scouting out, you carry a gun with you.

11      Q.   I always have a gun, yup.

12      A.   It's not like we're shooting illegal game but just

13   in case.  You just carry a gun with you in the woods,

14   especially this time of year.

15      Q.   Okay.

16      A.   So anyhow, we got out of the woods.  We went back

17   there and we saw him, then we called Tristan and we talked

18   to Tristan, and he was scared.  So we went back to his

19   place, picked Tristan up.  So now me and Tristan are

20   together, Tristan started driving, and he was with me and

21   Kyle and Jerry, and that was it, in Kyle's car.

22      Q.   So there was four of you?

 

Please note: Above, on Page 33—Line 1, C Bolaski says he got out of work at 2:30, but below in C Bolaski’s interview with Trooper Trudeau he claims Tristan called him when he left work at 3:00. Page 30—Line 6

 

A. That’s what Tristan told me because Tristan called me when I got out of work, which was at 3:00.

 

 

When K Bolaski is asked how he knows T Blanchard on Page 42—Line 2 below, he states he’s a friend of Corey’s.

 

02  Q.     How do you know Tristan?

 03  A.     Tristan is, he's a friend of Corey's, also a

 04  friend of mine. But he graduated with Corey.  And they

 05  are more closer friend than Tristan and myself,

 

Then we have C Bolaski’s statement to Trooper Trudeau Page 16—Line 4 below saying he’s vaguely friends with T Blanchard.

 

 4    Q.   What do you know about yesterday?

 5      A.   I know about yesterday is that I'm friends with --

 6   vaguely friends with this kid Tristan Blanchard, and I'm

 7   friends with Gibb, Gibb Bastian.

 

K Bolaski is asked has he heard if Tristan had a problem with anyone prior to that day, on Page 42—Line 10 of GJ Transcripts, and he claims he didn’t know anything. 

 

 10  Q.     Before this conversation was Tristan, had you

 11  heard anything about Tristan having problems with anyone?

 12  A.     That day? 

 13  Q.     That day?

 14  A.     No.  Not that day

 

Yet, in the previous GJ Testimony above from Page 23—Line 3, he states Gib told him the events of the previous night,

 

16  Q.     When is the first time that the name Vincent

 17  Tamburello popped up on your radar screen?

 18  A.     I heard briefly about a series of events that

 19  occurred, I guess it was on Saturday, through one of my

 20  friends, Gib Bastian. 

 

But, in his statement to Jenkins Page 118—Line 5, he states that T Blanchard told him everything on Saturday night, with no mention of Gib Bastion.

 

 118

 5      Q.     When did he tell you about this?  When did

 6   he tell you? 

 7       A.     Couple day -- yesterday. 

 8       Q.     Yesterday? 

 9       A.     Yeah, it happened yesterday. 

10       Q.     Well, you said the rip-off happened two days

11   ago. 

12       A.     I wasn't a part of it, so I'm not sure what

13   happened.  I wasn't a part of what happened. 

14       Q.     So did it happen Friday or Saturday?  The

15   rip-off. 

16       A.     I guess it would have been Saturday. 

17       Q.     So it happened on Saturday? 

18       A.     Yeah. 

19       Q.     And when did Tristan tell you?  Same day? 

20       A.     Yeah. 

21       Q.     How did he tell you? 

22       A.     Yesterday.  On the phone

 

And on Page 23—Line 19 of K Bolaski’s GJ Transcript below, he is asked if anyone other than Gib Bastion told him about what happened his response was no.

 

19  Q.     Other than -- this floor squeaks.  I'll try to

 20  stand still.  I'm a natural pacer, but, sorry -- other

 21  than that conversation with Gib, did you have any

 22  discussion with anyone about Mr. Tamburello on Saturday?

 23  A.     No, sir.

 

Also, again on Page 42—Line15 below, when he is asked if anyone other than Gib told him about the situation with T Blanchard, he states “no”.

 

15  Q.     Okay.  Had you ever heard of Tristan having

 16  problems with Mr. Tamburello?

 17  A.     Only through Gib in that conversation with Gib.

 18  Q.     From the day before?

 19  A.     Yeah, just briefly about what had happened.  I

 20  didn't know much about it.

 

 

Then, on page 122—Line 19, in the same statement, Jenkins had to pry the information from K Bolaski, which corroborates his previous statement to Jenkins about Tristan being the one to tell him what happened the previous night.

 

122

19       Q.     What's he upset about though? 

20       A.     I think the fact that Ben used to hang out

21   with her or -- 

22       Q.     Why would he be upset about that? 

23       A.     Because I guess he's just jealous. 

24       Q.     Okay.  I'm going to ask you again why did he

25   rip him off of 40 bucks?  I know you know. 

 123

 1       A.     I don't know. 

 2       Q.     I can -- I can read you like a book.  You

 3   know.  You're just not telling me. 

 4       A.     Felt -- he felt the need to walk up in there

 5   and rip him off, I guess. 

 6       Q.     Why? 

 7       A.     He did -- didn't like him or something.  I

 8   don't know.  I wasn't a part of -- 

 9       Q.     There's more to it that he didn't like and

10   you know why. 

11       A.     I wasn't a part of it though.  I wasn't a

12   part of it though. 

13       Q.     You know why.  Because Tristan told you why. 

14       A.     I wasn't a part of it though. 

15       Q.     I don't care if you weren't a part of it. 

16   Tristan told you why he ripped him off.  Why did he rip

17   him off?  It's part of this whole thing now. 

18       A.     Yeah. 

19       Q.     Like it or not, it's part of why Vinny

20   showed up with an ax today. 

21       A.     But -- but he -- he ripped -- he was ripping

22   people off. 

23       Q.     Okay.  But why did he rip off Tristan? 

24       A.     No, because he can rip peop -- everybody

25   off.  I don't know. 

 124

 1       Q.     Why did he rip off Tristan? 

 2       A.     I don't know why he ripped him off.  He

 3   doesn't like him.  I'm not sure why he ripped him off. 

 4   I'm not -- I wasn't a part of any of that, Officer. 

 5   All's I know is I got caught in the middle of it

 6   today -- 

 7       Q.     Yeah, you did. 

 8       A.     -- when he came at me with an ax. 

 9       Q.     So now you need to tell me. 

10       A.     I wasn't a part of any of that. 

11       Q.     I'm not saying you were, but you need to

12   tell me what you know. 

13       A.     It is what I know.  

14       Q.     Do you know why he ripped him off? 

15       A.     What do you mean why did he rip him off? 

16       Q.     Why did he go up there and rip him off 40

17   bucks?  You know why. 

18       A.     Maybe he needed the money. 

19        Q.     Maybe, but you know why. 

20       A.     Why did he need money? 

21       Q.     What's the reason -- no, what's the reason

22   he went up there?  There's a reason he picked Tristan's

23   house to go up and rip him off. 

24       A.     There is a reason, but I don't -- I can't

25   tell you what he was thinking.  I can't tell you what he

 125

 1   was thinking at the time.

 2       Q.     You can tell me what Tristan told you. 

 3       A.     Ripped him off 40 bucks. 

 4        Q.     Tristan told you this yesterday? 

 5       A.     Yeah. 

 

But on Page 23—Line 19 of K Bolaski’s GJ Transcript below, he is asked if anyone other than Gib Bastion told him about what happened his response was no.

 

19  Q.     Other than -- this floor squeaks.  I'll try to

 20  stand still.  I'm a natural pacer, but, sorry -- other

 21  than that conversation with Gib, did you have any

 22  discussion with anyone about Mr. Tamburello on Saturday?

 23  A.     No, sir.

 

This is a critical point here. K Bolaski is asked if the .22 was transferred from his truck to C Bolaski’s truck.

 

12  Q.     So you gone to your apartment in Chester, you've

 13  parked your truck, you've switched to Corey's truck?

 14  A.     That's correct.

 15  Q.     Where are you intending to go?

 16  A.     We were headed back towards Springfield.  I wanted

 17  to go back up in the orchard where I had hung my cameras

 18  to check out some more spots.  Corey's with us this time,

 19  he wanted to do some brook fishing at a brook locally to

 20  our house.  But we were headed in that general direction

 21  back towards Springfield.

 22  Q.     All right.  What did you do with the .22 after you

 23  got back to -- go ahead. 

 24  A.     This for me? 

 25  Q.     Yeah, it is for you. 

0041

 01               After you got back to when you switched

 02  vehicles --

 03  A.     I put it in Corey's truck.

 04  Q.     You transferred the .22 out of your vehicle and

 05  you put it into Corey's truck?

 06  A.     That's correct.

 07  Q.     Why did you do that? 

 08  A.     Because my intentions were to go scouting again.

 

Now, in C Bolaski’s statement to Trooper Trudeau, Page 35—Line 15 below, not only do we have C Bolaski stating they were in Kyle’s truck. But they never switched. They stayed in Kyle’s truck after they picked T Blanchard up, and drove through the back roads of Springfield as T Blanchard told them the story, and J Ucci made the phone calls to Kirby, Vinnie, and Tim Arbuckle.

 

15      Q.   Okay.

16      A.   So anyhow, we got out of the woods.  We went back

17   there and we saw him, then we called Tristan and we talked

18   to Tristan, and he was scared.  So we went back to his

19   place, picked Tristan up.  So now me and Tristan are

20   together, Tristan started driving, and he was with me and

21   Kyle and Jerry, and that was it, in Kyle's car.

22      Q.   So there was four of you?

23      A.   Me, Kyle, Jerry, yeah.

24      Q.   The three of you guys that were scouting --

25      A.   Yeah.

 36

 1      Q.   -- and Tristan?

 2      A.   And Tristan.  And Kyle's dog at that point.

 3      Q.   You guys were riding around then or --

 4      A.   Yeah, we had just left my house.  We went and picked

 5   Tristan up.

 6      Q.   So you're in your truck, or your brother's truck

 7   or --

 8      A.   No, we were in my brother's truck.

 9      Q.   Kyle's truck?

10      A.   Kyle's truck.

11      Q.   So you went to Tristan's in Kyle's truck.

12      A.   We picked Kyle -- or we went -- yeah.

13      Q.   So then it's you, Jerry, Kyle, Tristan riding

14   together?

15      A.   Yup.

36

11      Q.   So you went to Tristan's in Kyle's truck.

12      A.   We picked Kyle -- or we went -- yeah.

13      Q.   So then it's you, Jerry, Kyle, Tristan riding

14   together?

15      A.   Yup.

16      Q.   Got ya. 

17      A.   And he's telling us what's going on and how he's so

18   scared, everything else, blah, blah, blah.  He's scared, he

19   don't know what to do.

20      Q.   So Tristan tells you --

21      A.   Yeah.

22      Q.   -- all this above information?

23      A.   Yeah, this, yeah.  I start saying, you know, what's

24   going on?  What's going on?  He's telling me.  He says, you

25   know, he's, like, telling me everything that's going on. 

 37

 1   So, you know, me and Tristan had our differences, but we're

 2   good -- I would never want anybody to get the shit kicked

 3   out of 'em.  We're pretty --

 4      Q.   For what?

 5      A.   You know, we used hate each other and now we're

 6   decent friends and --

 7      Q.   Yeah.

 8      A.   And I'd expect somebody to help me out if some huge

 9   kid was going to beat the shit out of me --

10      Q.   Sure.

11      A.   -- and was stalking my house.  Like I said, he's

12   like, you know, I don't feel -- the kid came up to my house

13   yesterday once already with a knife.  What's he going to

14   come up with next, a gun?  Something. 

15      Q.   Okay.

16      A.   I don't know.  So he was scared.  We picked him up.

17   And he had told his girlfriend and this other girl to leave

18   so that way this kid showed up, they wouldn't be there.

19      Q.   Who is Tristan's girlfriend?

20      A.   Michelle Lachapelle.

21      Q.   Yeah.  Yeah.

22      A.   So they left and we left.

23      Q.   And who was with Michelle?

24      A.   I'm not sure.  I think Jordan, that Jordan chick, I

25   think.

 38

 1      Q.   Yeah.

 2      A.   I don't know.

 3      Q.   That's all right.

 4      A.   I think.

 5      Q.   So Tristan tells Michelle and Jordan to leave his

 6   house?

 7      A.   Yes.

 8      Q.   So there's nobody at Tristan's house?

 9      A.   Yeah.  So that way if the kid comes back -- you got

10   somebody knocking.  Hello?

11      Q.   No, I think it was my foot.  Sorry.  So he tells the

12   girls to leave? 

13      A.   Yeah.  We all leave.

14      Q.   In case Vinnie shows up?

15      A.   In case, yeah, because they don't -- he doesn't, you

16   know, scared for them.

17      Q.   Yup.

18      A.   He doesn't --

19      Q.   Yup.

20      A.   So we all leave and we're driving.  We're just

21   driving around.  And Jerry calls Kirby because, like I said,

22   we had thought we had seen this kid.  And Tristan wanted to

23   talk to this kid and tell him, you know, what is your

24   problem.  But he's too scared of the kid.  So Jerry calls

25   Kirby up saying, where's this kid?  Where is Vinnie? 

 39

 1   Talking to Vinnie, you know.  What are you doing?  What's

 2   your problem?  This kid gets on the phone saying he's gonna

 3   -- he's a crazy mother F'er and he's going to find everyone

 4   involved and all this shit.

 5      Q.   So Jerry gets on the phone with him?

 6      A.   Yeah, oh, yeah.

 7      Q.   Because they're riding together?

 8      A.   Jerry calls --

 9      Q.   Jerry and --

10      A.   -- Kirby. 

11      Q.   Yup.

12      A.   Yup.  And Kirby gives the phone to this other kid.

13      Q.   So Kirby and Vinnie are together?

14      A.   Yeah.  Because Tristan had confirmed that they were

15   driving by his house.  They kept seeing this car drive by.

16   So we were, like, oh, that makes sense.  We had seen some

17   kid with Kirby earlier, you know.

18      Q.   So Jerry talks to Vinnie on the phone?

19      A.   Jerry knows Kirby.  Jerry went to Chester with

20   Kirby, you know what I mean?  We live in Chester, me and

21   Kyle, but I'm from Springfield.  So I don't really know

22   Jerry that well, I don't know Kirby that well.  Gibb's from

23   Chester.  I don't really -- but Jerry knows Kirby, so he

24   calls up Kirby and he's, like, you know, let me talk to this

25   Vinnie kid.  This Vinnie kid gets on the phone saying he's

 40

 1   going to beat everybody up, you know, he's going to hurt

 2   everyone, all this and that.  So Jerry, I think, told him to

 3   -- or he was asking him where he was or whatever, and the

 4   kid was saying he was going to beat him up, and he told him

 5   to -- I think he told him to -- that's why I don't -- I

 6   don't remember this part exactly, but I think he told him to

 7   go down to the ball field.  That's why I think the kid

 8   showed up there.  That's why I don't -- I don't -- I was

 9   inside at Jiffy Mart at this point in time.  I don't really

10   -- there was some -- there was some blue areas of where I

11   don't know, you know what I mean?

12      Q.   So you think Jerry told Vinnie to go to the ball

13   field?

14      A.   Right.  And Vinnie -- I mean, Jerry called up this

15   kid Tim, Tim Parker.  This is -- he's a bigger kid.  He

16   plays on the softball team.  He calls up -- Jerry and this

17   Tim are good friends, and Tim's a well known tough guy or

18   whatever, you know, whatever, I guess, and so frickin' --

19   he's, like, yeah, bring him -- have him come down to the

20   ball field, blah, blah, blah, this and that or something, I

21   think.  So that's why I think that he told him to go to the

22   ball field, obviously, because, you know, they're all --

23   this kid's huge and he's on steroids and they know he's got

24   weapons. 

    

 

 

Yet in J Ucci’s GJ Testimony, Page 122—Line 11 below, J Ucci is adamant about that rifle staying in K Bolaski’s truck after they switched vehicles. He also clearly states that there is no rifle in the truck when they go to Springfield. T Blanchard was picked up shortly after this.

 

 11  Q.     What's the plan?

 12  A.     There's an apple orchard up behind the Bolaski's

 13  parents' house that they have been hunting for years, so

 14  we decided to go there, and that was going to be our next

 15  place to go scouting.

 16  Q.     Before anyone gets to the ball field, so thinking

 17  about Sunday, before you get to the ball field, anyone

 18  discharge the rifle?

 19  A.     No.

 20  Q.     So during the scouting, is there any shooting at

 21  anything?

 22  A.     No.

 23  Q.     You switch into Corey's vehicle?

 24  A.     Correct.

 25  Q.     What happened, what happens to the .22?

0123

 01  A.     It stayed in Kyle's truck.

 02  Q.     Stayed in Kyle's truck?

 03  A.     Correct.

 04  Q.     Is there a vehicle in Corey's vehicle -- is there

 05  a rifle in Corey's vehicle?

 06  A.     No.

 07  Q.     So at this point, when you're going up to the

 08  apple orchard, there's no weapon in the truck?

 09  A.     Correct.

Now, on Page 43—Line 19 of K Bolaski’s GJ Transcript we get into T Blanchards demeanor, but I want to point out some discrepancies regarding Michelle and Jordan. This is important to the demeanor of Blanchard in the following passages because, why would T Blanchard leave his girlfriend and Jordan behind if he was so terrified he was crying? That answer lies in the following passages.

 

19  Q.     What happened when you got there?

 20  A.     Tristan was standing out front on the cell phone,

 21  he hung up, his cell phone.  He was crying.  He was pale

 22  white and shaking.  He said, he said I've never been so

 23  scared in my life, I don't know what to do, I don't know

 24  what to do, I've never been so scared for me and my girl

 25  friend, I don't know what to do.  Well, Tristan, just get

0044

 01  in, get in the truck, I'll get you out of here.  Because

 02  he said this guy had been driving by his house back and

 03  forth, so I said Tristan get in, come with us.  So his

 04  girl friend, Michelle, and Jordan were there, and he told

 05  them to go inside and lock the doors.

 

Now, in Jordan Ebelts GJ Testimony, Page 176—Line 15 below, there is no mention of T Blanchard telling the girls to go inside and lock the doors. In fact, Gib Bastion comes by, picks Jordan up and goes to Mike Gleason’s. There is no mention of Michelle(Tristan’s girlfriend) in this entire passage.

 

15  Q.     So what happens on Sunday?

 16  A.     Sunday we woke up at like, we didn't get up to

 17  like two-thirty, I'm pretty sure, and me and Michelle

 18  went to town so I could get my toothbrush because I

 19  stayed at their house.

 20  Q.     At the Michelle's and Tristan's?

 21  A.     At Michelle and Tristan's.  We went into Family

 22  Dollar, we saw Julie Vinny and Kirby in the plaza.  We

 23  were all the way across the plaza by Peebles, we were

 24  over by Family Dollar, we went in and got the, my

 25  toothbrush, then we left and headed back towards Chester. 

0177

 01  And by the time we got to Chester, Tristan called us, and

 02  I, he says they are following me, I'm heading back to the

 03  house, I don't know what to do, I don't want to bring

 04  them there.  And he pulled in, they didn't pull in behind

 05  him.  And Tristan went out, stood by the road and looked

 06  for his car, but he didn't see them.  And then ten, about

 07  ten minutes later Kyle, Corey, and Jerry pulled in to

 08  Tristan and Michelle's driveway in Corey's truck.

 09  Q.     And did Tristan then leave with them?

 10  A.     Yes, he did.

 11  Q.     Did you go to the ball field?

 12  A.     Yes, I did.

 13  Q.     Why is it that you went to the ball field?

 14  A.     I went to the ball field because Tristan called

 15  and said they wanted me to meet somewhere, we are going

 16  to meet them somewhere, somewhere, there's going to be a

 17  bunch of us, and hopefully this kid will just go away. 

 18  And I'm like, this isn't, I'm like this isn't going to be

 19  good, this kid is crazy.  We meet you down there, try to

 20  stop them from going down there.  I wasn't aware that

 21  there was a softball game going on, and I, I was friends

 22  with Katie Kingsbury and Kristina Morgan.  When I got

 23  there, I went over and started talking to them. 

 24  Q.     How did you get to the ball field?

 25  A.     With Gib.

0178

 01  Q.     In his car?

 02  A.     Yes.  But before we went to the ball field, we

 03  stopped at Mike and Adrianne's, Mike Gleason and Adrienne

 04  Gleason's now, just because we couldn't find Kyle, Corey

 05  Justin and Jerry, because they didn't answer their phone,

 06  and then like no, I haven't seen them.  Then Julie,

 07  Kirby, and Vinny drive by.  Went to the ball field,

 08  turned around, and came back.  And Gib went into the

 09  house and hid.  And Vinny stopped next to Mike and

 10  Adrianne's house, where's Gib?  I'm going to kill Gib. 

 11  And Mike said, I don't know, I don't know, I don't want 

 12  any problems with you, me and you are all good.  And like

 13  that's Gib car, and Adrianne said Jordan has Gib's car,

 14  by like trying to get him to leave.  And then they took

 15  off. 

 

Not once is Michelle mentioned in the above testimony of Jordan Ebelt because Michelle wasn’t there. If she were, she would have either been hiding with Gib, or outside with Jordan. Either way, they would have mentioned her.

 

But now, in C Bolaski’s statement to Trooper Trudeau, On Page 44—Line 15 of K Bolaski’s GJ Transcripts below, we get into K Bolaski’s description of T Blanchard’s demeanor

 

 15  Q.     All right.  So now does Tristan get into Corey's

 16  truck?

 17  A.     Yes.

 18  Q.     Corey's driving?

 19  A.     Yes.

 20  Q.     You're in the front passenger seat?

 21  A.     Yes, sir.

 22  Q.     Who is directly behind you?

 23  A.     Jerry Ucci.

 24  Q.     And that would leave Tristan behind Corey?

 25  A.     Yes, sir.

0045

 01  Q.     Okay.  Where do you go?

 02  A.     Tristan immediately grabbed my dog and was

 03  crushing my dog, scared, he was pale white, he was

 04  absolutely petrified, scared out of his mind.  I never

 05  seen him like that in my life.  So we leave there.  I

 06  said Tristan, calm down, calm down, Tristan, you're all

 07  right, you're all right, we're going to get you out of

 08  the situation.  He won't know where you are, we're going

 09  to get you out of here, it's fine, it's fine, it's fine. 

 10  At that point when we were making our way back towards --

 11  originally planned to go, back towards Tribow Road, we

 12  took right by Jiffy Mart and through the stone village in

 13  Chester, and Tristan started to explain what had

 14  happened.  And never been to scared for his life, he

 15  never been to scared for his girl friend, never felt like

 16  less of a man in his life, to be able to defend his girl

 17  friend and his own home.  He was petrified, just white. 

 18  I remember it.  So scared, it's, Tristan, just calm down,

 19  calm down.  He locked like he was having an anxiety

 20  attack. 

 21  Q.     You told us how Tristan was feeling. 

 22  A.     Right.

 

But in T Blanchard’s own words from his statement to Sgt. Smith Page 10—Line 2 below, not only was the personal possession he claims “missing” was actually a 40 dollar bag of marijuana that he later confirms in his GJ Testimony that he gave Vinny to leave, but he attempts to throw something at Vinny’s car as he’s leaving and then jumps into his mother’s car and chases Vinny out of there, alone. That is not the person described by K Bolaski, above.

 

 2   At that point, I look down at my table and

 3   there was a personal possession missing, which I don't

 4   wish to disclose -- Matt Birmingham, my counsel, said

 5   you guys could call him if you need to -- and there was

 6   $40 taken off my table.  I immediately said Michelle, he

 7   just robbed us, just took that money off my table. 

 8             I ran downstairs and I was screaming at him,

 9   and he took off, gets in the car, just takes off, and I

10   said this is ridiculous.  I yelled at him.  I went to

11   throw something, and I held it in my hand and didn't

12   throw it, took all I had not to.  I had no shoes on at

13   that point in time. 

14             Hopped in my mom's car with her keys and

15   went down Main Street after him.  Got behind him in the

16   car, and I got down by -- down by the ball field about,

17   and I was behind him, and I realized I don't have a cell

18   phone on me, I don't have any shoes on, I don't have

19   anything, what am I going to do, what am I going to say

20   to this kid. 

 

While the above statement contradicts K Bolaski’s Testimony about T Blanchard’s demeanor, in T Blanchard’s GJ Testimony, Page 222—Line 16 below, T Blanchard is asked if he contacted Vinny on Sunday. He responds by saying he called Vinny a total of five times, which Vinny hung up all five times. Not only are these NOT the actions of the petrified person, K Bolaski described above, but in the following passage given in T Blanchard’s own words proves Vinny was not the hunter—but the hunted.

 

16  Q.     Did you have contact with Vinny Sunday?

 17  A.     After I had heard all that stuff from Ben, I tried

 18  calling his phone.  He hung up.  I tried calling again,

 19  he hung up.  Four times.  I called one more time, he hung

 20  up.

 

In re: the “personal possession” he didn’t wish to disclose to Sgt. Smith in his statement above; on Page 214—Line 10 of his GJ Testimony, he says he gave him the “forty” bag to get him to leave. Please note: He states he went upstairs to get the marijuana.

 

10  Q.     Did you have some further interaction with Vinny?

 11  A.     Oh, yeah.  At that point, he came over and looked

 12  at me, started yelling, get me a forty bag, get me a

 13  forty bag, which meant a bag of marijuana, and I went

 14  upstairs.  Michelle was still upstairs.  I said Michelle

 15  we call the cops.  Why should we?  He's going to attack

 16  Ben right now, I don't know what to do with this kid.  I

 17  want to get him out of here.  She said give him what he

 18  wants.  Grab my own personal bag, my pot on the table,

 19  which probably make a forty bag, I don't know what it

 20  weighed. 

 21  Q.     Is that, that weight or dollar amount?

 22  A.     What he was saying was dollar, a forty bag, forty

 23  dollars.  I went up, grabbed what I had on my table, my

 24  own bag.  I said here's some here.  Walked away by

 25  ourselves. That was about my dumbest move to this day. 

0215

 01  He could have stabbed me, he could have hit me, stabbed

 02  me, anything.  He smelled it, I'll get your money.  Felt

 03  like, I don't want your money, get out of here.  It was

 04  mine, anyway, I don't sell drugs.  I said it was mine, I

 05  felt like saying, to get him out of here.  Followed him

 06  up.  He said Julie, give me money.  Julie, give me money. 

 07  She goes to open her purse, and she closes it back up. 

 08  He says, Kirby, get in the car.  Why does Kirby need to

 09  get in the car?  Kirby, get in the car.  What are you

 10  doing?  He backs up, and Kirby gets in.  I said what are

 11  you doing?  He keeps backing up.  All right, said that

 12  was it.  Worst mistake, I started getting upset.  I

 13  started crying.  I realized at that point I felt about

 14  this low.  I couldn't protect my home, couldn't protect

 15  my girl friend, my friends in my own home.  Never felt so

 16  scared, so lost.  He was twice the size I was, you could

 17  tell the kind of person he was by looking at him.  My

 18  reaction was to do something about it.  I hopped in my

 19  car.

 20  Q.     They left, and you hadn't been paid?

 21  A.     No.

 22  Q.     Is that right?

 23  A.     Nope.  That was the last thing I was worried about

 24  at that point.  I was mad about, about him breaking into

 25  my home.

0216

 01  Q.     You were mad he broke in your home?

 02  A.     Threatening my girl friend, threatening me. 

 03  Q.     You said you didn't want strangers --

 04  A.     Oh, yeah.

 05  Q.     Followed him going to Springfield?

 06  A.     What happened was I followed him out of there.  I

 07  jumped right in my car, followed him right down to the

 08  middle of Chester, down to Mike Gleason's house, right in

 09  front of Mike Gleason's, and I was right behind him.  My

 10  instant reaction, I wanted to smash my car into this kid,

 11  I wanted to do anything, I need to do something.

 

Now, are these the actions of someone fearing for their life? They’re certainly not the actions of the person K Bolaski described above.

 

T Blanchard became the aggressor at this point. The question raised here, though, is, WHY? Why did Blanchard chase Vinnie if he “gave” him the weed to leave? Vinnie left, which is what Blanchard claims he gave him the weed to do. There should have been no reason for Blanchard to chase Vinnie for 8.4 miles at this point, and there certainly was no reason to call approx. 20 people to confront Vinnie to Julie’s home.

 

On Page 45—Line 21 of K Bolaski’s GJ Transcript below, K Bolaski gets into detail about what T Blanchard was saying after they picked him up.

 

21  Q.     You told us how Tristan was feeling. 

 22  A.     Right.

 23  Q.     What did he tell you had happened that was making

 24  him feel that way?

 25  A.     He said that Vinny had came to his house yesterday

0046

 01  and had ripped him off, had walked into his house, he

 02  said he had a crazy look on his face, he looked like he

 03  was drooling.  He wouldn't leave his apartment.  He said

 04  that I never felt so threatened before.  He told him to

 05  leave, he wouldn't leave.  He was scared.  He(Vinnie)was like

 06  twice his size.  He said, he said he, he needed

 07  protection, for himself, he said he never been so scared

 08  for him and his girl friend.  He just kept repeating the

 09  same things.

 

These are not the words T Blanchard used when he described how he wanted to smash his car into Vinnie. Again, that is not the actions of a scared man.

 

 10  Q.     Was there an event that, other than that rip-off,

 11  that Tristan discussed?

 12  A.     He told us briefly about the incident from the day

 13  before, just briefly.

 

Now you will find the route below, from start to finish, is a 170 minute trip. There was no brief anything in this trip. They had plenty of time to plan their actions before they met Vinnie down at that field. Also, below, you will find there is less than one half mile between one of their stops, and Vinnie’s home.

 

 14  Q.     Had he discussed any phone calls or any other

 15  contact that he had had with Vinny or anyone else related

 16  to this?

 17  A.     He had just said that Vinny had been threatening

 18  him and Ben Millay and Gib Bastian, he said that been

 19  threatening him.

 20  Q.     Okay.  We know he didn't say just say it was a

 21  rip-off.  He gave more detail?

 22  A.     He said he ripped him off for forty dollars.

 23  Q.     That's what he told you?

 24  A.     That's what he told my.

 25  Q.     Money?

0047

 01  A.     Yes.

 02  Q.     That's your, that's what Tristan told you?

 03  A.     That's what he told me, yes.

 04  Q.     Okay.  So, what did you do?

 05  A.     So we continue on our route, Springfield, and head

 06  through Chester, toward Gassetts, and make our way into

 07  Gassetts, and take a right at the, used to be a driving

 08  range there, and head towards Springfield, stopped at the

 09  Mobile Mart in North Springfield, and Corey had to use

 10  the restroom, so Corey used the restroom.  And we

 11  continued on some back roads up, up through and around,

 12  and just cruising around.  We went up Cherry Hill in

 13  Springfield.  

 

Please note: We carefully mapped out the route K Bolaski claims they took after they picked T Blanchard up. This will be broken down in the legs according to the way K Bolaski describes. The first leg, from T Blanchard’s @ 23 School Street, toward Gassetts, to the Mobile Mart in North Springfield is a 56-minute drive. The trip from that Mobile Mart to Cherry Hill Street is a 44-minute drive. These two legs total 100-minutes.

 

Now, Cherry Hill Street is less than one-minute drive from 122 Summer Street, where Vinnie lived at that time, and 122 Summer Street is less than a minute drive to T-Bird’s Mini Mart(40 Clinton Street).

 

In re: the following passage, C Bolaski also states the route in detail. However, it takes six pages for him to speak about the route. I picked out the detail of the route and numbered them accordingly. The other parts of his GJ Testimony will be used to contradict further testimony.

 

This particular segment focuses on time for the route, and close proximity to Vinnie’s residence. His testimony begins on Page 187—Line 2.

 

02  A.     From there, like I said, we headed out toward

 03  Proctorsville way, Gassetts way.  We took a right, we are

 04  coming into Springfield.  He was still just relaying

 05  some, you know, instances about what happened.  We got

 06  into Springfield, I stopped at the Midway Mobile in North

 07  Springfield.   

 

Please note: Midway Mobile is in Rutland, Vermont—not North Springfield. These two stores are separate entities. This would have been a 53 minute ride to Rutland’s Midway Mobile, then another 54 minute drive to Mobile Mart in North Springfield. For the benefit of the doubt, we’ll use Mobile Mart in North Springfield. It takes 56 minutes to get from T Blanchard’s house @ 23 School Street, to that Mobile Mart in Springfield.

 

 

                          I went to the bathroom.  We got back in the

 08  truck, proceeded into town -- not into town, I took a

 09  left, went up to Cherry Hill, , went back a couple job

 10  sites I work at landscaping, been there for three years. 

 11  I got done a couple jobs, I took them up by that area

 12  just to show the guys what I'd done.  We went up, saw

 13  that, headed back, and by the new, the new rec center,

 14  they had just built swimming pool and everything.  From

 15  there we went to T-Birds, the mini mart there and pulled

 16  in there.  I think Kyle went in and got a pack of

 17  cigarettes. He came out, we just sat there for a little

 18  bit.

 

The “town” Corey describes above is where Vinnie lived at that time. When he says he took a left and went up Cherry Hill, that “left” is State Route 143. Vinnie’s home was a hundred or so yards away from the left they needed to take to get to Cherry Hill Street.

 

T-Birds(40 Clinton Street) is less than a one minute drive to Vinnie’s home. The trip from Mobile Mart, to Cherry Hill is 44 minutes. Again, we have 100-minutes.

 

Page 190—Line 11 of C Bolaski’s GJ Testimony, he continues on that route.

 

.                                          So then we left T-Birds, and I

 12  started driving through the town of Springfield and went

 13  out Chester Road.  We got most of the way down Chester

 14  Road,

 

 

Page 191—Line 12 of C Bolaski’s GJ Testimony, he continues.

 

                                                                         took

 13  the immediate next right-hand turn on Green Mountain

 14  Turnpike, went down Green Mountain Turnpike, and at this

 15  point in time none of us are even thinking about Vinny or

 16  ballpark, anything.  We're all just, I'm more concerned

 17  about I don't want, you know, have marijuana in my car

 18  when I get pulled over and get in trouble with that, so I

 19  took a right up Crow Hill, which is another road that

 20  kind of runs parallel with Tribow.  It goes over to

 21  Springfield.  So I headed up Crow Hill, got, I think,

 22  almost to the end of Crow Hill,

 

From T-Birds(40 Clinton Street, to Green Mountain Turnpike takes 16-minutes. From Green Mountain Turnpike to the top of Crow Hill Road it takes another 16-minutes. So now we have a total of 132-minutes. Also “Tribow Road” is actually Trebo Road.

 

From Page 19—Line 22 of C Bolaski’s GJ Testimony, they switched drivers @ the top of Crow Hill and proceeded to Gib Bastion’s place on Orchard Lane.  Please take notice to why they switched driver’s.          

 

 22  almost to the end of Crow Hill, and I asked Tristan if he

 23  would please drive.  I didn't really want to drive any-

 24  more.  I told you I was worried with the marijuana

 25  he had.  It, it was my truck, I just felt maybe be him

0192

 01  driving rather than me driving.  And he said, you know,

 02  that's fine, I'll drive.  So I pulled over, he got in,

 03  Kyle got in the back seat, I got in the front seat of my

 04  truck, obviously not going to sit in the back of my own

 05  truck.  So -- sorry.  So then we proceeded, took, at this

 06  point in time, I said, you know, since we're out here,

 07  Tristan and I, why don't we go to Gib's, with

 08  Michelle, Tristan's girl friend, and Jordan Ebelt.  They

 09  had, remember Gib had picked them up earlier when we had

 10  met Tristan.  So, Tristan drove to Gib's house.  We all

 11  got out.  Gib wasn't there, though, so Tristan called

 12  Gib, says where are you?  He says I'm in Chester right

 13  now.  My truck was on E at this point in time, so our

 14  initial idea was to have Gib come meet us there, leave my

 15  truck there, and go with those guys and go hang out with

 16  those guys.  Well, he says, why don't you just meet us in

 17  Chester or something, so Tristan says, all right, let's

 18  just go back into Chester.  And we're there probably, you

 19  know, five, ten minutes, and since we had made the

 20  original, Jerry had made the original phone call at

 21  T-Birds, you know, we've been into Springfield, down the

 22  Chester Road, past the state cop, went on Green Mountain

 23  Turnpike up to Crow Hill, went to Gib's, and then we

 24  proceeded back down Tribow Road headed back towards the

 25  apartments.  We got down Tribow Road, took a left, went

0193

 01  back to my apartment

 

From Crow Hill Road @ Trebow Road, to Gib Bastion’s house on Orchard Lane it’s another 15-minutes. The trip now totals 147-minutes. Then from Gib’s House @ Orchard Lane, to 57 North Street @ Bolaski’s place is another 17 minutes. The entire trip, not including the time it took for them to go into the stores to make purchases and go to the bathroom along with time to switch driver’s, equals 164-minutes. If you factor in the purchases, bathroom, and switching drivers, this trip took at minimum 3 hours.

 

Back to K Bolaski’s GJ Testimony, Page 47—Line 22 below, K Bolaski is asked if there is any alcohol in the vehicle. Now this is important because K Bolaski states he had two-three beers all day.

 

22  Q.     Was there any alcohol to help calm him down?

 23  A.     No, no, sir.

 24  Q.     No.  Is there alcohol in the vehicle?

 25  A.     Yes, sir, yes, just what we had, we had like a

0048

 01  six-pack in there that we had been drinking off of.

 02  Q.     Okay.  So at this point how many beers have you

 03  had for the day?

 04  A.     I had probably two, three beers total that whole

 05  day.

 06  Q.     Okay.  Is there any alcohol other than beer in the

 07  vehicle?

 08  A.     At this point? 

 09  Q.     Yes. 

 10  A.     Not to my knowledge.

 11  Q.     At any point?

 12  A.     Not to my knowledge at that point.

 13  Q.     At any point that day were you in the vehicle that

 14  had alcohol other than beer?

 15  A.     I believe so, yes.  I believe Corey had little bit

 16  of vodka that he had left over from the night before,

 17  that he had grabbed at some point. 

 18  Q.     Was it in the vehicle at this point?

 19  A.     I believe so.  I didn't see him actually grab it

 

In T Blanchard’s GJ Testimony, Page 227—Line 15 below they were taking shots of vodka and drinking a few beers AFTER they picked him up.

 

 15  Q.     Where are you guys driving around?

 16  A.     We went back roads, Tribow Road.

 17  Q.     What else are you doing in the vehicle?

 18  A.     We are driving around.  They had a few beers and a

 19  pint of vodka in the car.  They were taking a few shots,

 20  had a few beers.  I don't know how much they were

 21  drinking that day.  I just got to the car.  We drove

 22  around, back roads, drove to Springfield, and went to

 23  T-Birds, then started going, coming back to Chester.  We

 24  have came back towards Chester.  We had passed a cop on

 25  Chester Road, and Corey got pretty upset, didn't know

0228

 01  what to do. 

 02  Q.     What was he upset about?

 03  A.     Well, they had been drinking a little bit.  I

 04  don't know if he knew whether he'd blow numbers or not. 

 05  I mean, he had open container in the car.  From what I

 06  know, Jerry had pot in the car.  And they wanted to get

 07  out of there.  So we took right, when you get off Chester

 08  Road, there's a dirt road right to your right, Green

 09  Mountain Turnpike Road, I think it's called.  We took

 10  that, went back out by Tribow Road, back out in those

 11  roads to North Springfield.  Decided to go to Gib's house

 

Also, as posted above, we have Michael and Adrienne Gleason’s statement to Detective Burgess. This was before they picked T Blanchard up.

 

Now, in K Bolaski’s own words, they stopped at Michael Gleason’s before they went into Popple Dungeon. In Michael and Adrienne Gleason’s Interview with Detective Burgess Page 30—Line 23 below, Adrienne says Kyle was drinking Vodka. This was before they went to Popple Dungeon.

 

Detective Burgess: I wonder why – I wonder why Mike didn’t answer – Do you know – or not Mike.

Michael Gleason: Kyle?

Detective Burgess: Kyle.  I wonder why he didn’t answer his phone.

Michael Gleason: It was ten minutes before the boom.

Adrianne Gleason: You don’t always get service though (inaudible).

Detective Burgess: Yeah I don’t get any service out here.

Michael Gleason: Yeah, sometimes – sometimes he doesn’t always answer, though, when I call him, you know?

Adrianne Gleason: Plus he probably had his adrenaline running, you know.

Michael Gleason: Apparently, I heard he had been drinking.

Adrianne Gleason: He’d been drinking vodka.

 

And in J Ucci’s own words in his GJ Testimony Page 119—Line 2 below, he is asked if there is vodka in the car and was anyone drinking it. This was also before

 

 16  Q.     A bottle of vodka in the vehicle?

 17  A.     There was.

 18  Q.     Was some of that consumed?

 19  A.     I did drink some of that, yes.

 

Starting on Page 48—Line 21 in K Bolaski’s GJ Testimony on J Ucci’s phone call with Vinnie. In this, we have the alleged turbulent nature of Vinnie’s phone demeanor with J Ucci’s alleged mild response. We also have mention of an offer to T Arbuckle at this point. We also get the time this call took place. What’s also going to be important at this stage is, we find no one wants to claim who was driving the truck at the time because of that one-hundred dollar offer.

 

21  Q.     You're driving around, the four of you, calming

 22  Tristan down?

 23  A.     Yes, sir.

 24  Q.     What's next?

 25  A.     Just cruising the back roads and just trying to

0049

 01  calm Tristan down.  And Jerry gets a phone call or Jerry

 02  makes a phone call. 

 03  Q.     To?

 04  A.     To Kirby Donahue.

 05  Q.     Why does he do that? 

 06  A.     Because Tristan is very upset and distraught, and

 07  he wanted to find out why he's doing this, why Vinny is

 08  doing this to Tristan.

 09  Q.     So why call Kirby?

 10  A.     Because Kirby was with Vinny.  According to

 11  Tristan.

 12  Q.     Okay. 

 13  A.     I was in the front seat at this point with my

 14  brother, and I didn't hear much of the conversation of

 15  what was going on.  So --

 16  Q.     Does Jerry reach Kirby?

 17  A.     He does.

 18  Q.     And describe what you could hear?

 19  A.     Just that Jerry had asked him, I think, why he

 20  was, why he was following Tristan around, why he was

 21  threatening him, why he was doing things he was doing.

 22  Q.     I thought you said he called Kirby?

 23  A.     Kirby handed the phone to Vinny, apparently.

 24  Q.     All right.  Go ahead. 

 25  A.     So he'd asked him, you know, what's going on

0050

 01  there, why, why is he doing these things to Tristan, why

 02  is he harassing people, what's going on here.  And

 03  apparently Vinny got defensive and had asked Jerry to

 04  come to his house.  Jerry said that wasn't a good idea,

 05  obviously, you know, he said it wasn't a good idea.  And

 06  so that phone call got disconnected.  And Vinny is

 07  screaming in the phone, I'm fucking crazy, I'm fucking

 08  crazy.  This and that.  And --

 09  Q.     How does Jerry respond to that? 

 10  A.     Jerry got a little uptight, and I don't recall

 11  exactly what he was saying, because like I said, I was in

 12  the front seat.  But he didn't threaten him in any way,

 13  shape or form.  They got disconnected.  So we continued

 14  on our route throughout where we were going, these back

 15  roads, just trying to calm Tristan down still, and so we

 16  are making our way back around, and we make our way down

 17  to the Texaco station, and Jerry had called family member

 18  of his, Tim Arbuckle --

 19  Q.     Um-hum. 

 20  A.     -- who is related to him.  Jerry's sister is

 21  LeeAnn, said to Tom Arbuckle, whose Tim's brother.  So we

 22  called Tim, said look, this guy just said he wants to

 23  meet up with me, he's crazy, and this and that, and this

 24  is just what Jerry is telling me because I'm obviously

 25  not on the phone.  So, and so Tim suggested that we come

0051

 01  to the ball field, says a lot of people there, safe

 02  place, vinny wouldn't try anything there. 

 03  Q.     You knew this how?

 04  A.     From Jerry.

 05  Q.     Jerry tells you that Tim suggests coming to the

 06  ball field?

 07  A.     Because it's is a safe place, it's people here, he

 08  wouldn't try anything, you can rationalize with him, why

 09  he's doing this to Tristan, why he's, why is he doing the

 10  things he's doing.

 11  Q.     This -- go ahead, I'm sorry. 

 12  A.     Wasn't going to stop harass him, Tristan.  Or

 13  anybody else.

 14  Q.     The was a phone call from Jerry to Tim?

 15  A.     Yes.

 16  Q.     On whose phone?

 17  A.     Tristan's phone.

 18  Q.     On Tristan's phone?

 19  A.     Yes.

 20  Q.     So Jerry borrows Tristan's phone to call Tim?

 21  A.     Yes.

 22  Q.     Okay.  What did Jerry offer Tim for his

 23  assistance?

 24  A.     Didn't offer him anything, to my knowledge.

 25  Q.     What's your best estimate of what time of day it

0052

 01  was where the Jerry/Tim conversation takes place?

 02  A.     May have been about five-fifteen, five-thirty.

 

Now, a few things about this passage from C Bolaski’s GJ Testimony beginning on Page 189—Line 5. C Bolaski says he wasn’t listening in, yet he could hear Vinny say “You don’t want to mess with me”, through the phone, mind you. Now the seating arrangement is C Bolaski’s driving, T Blanchard is behind C Bolaski. K Bolaski is in the front passenger seat, and J Ucci is behind K Bolaski. In K Bolaski’s testimony above, he claims not to hear what J Ucci’s saying because he’s in the front passenger seat of the pickup truck, yet C Bolaski can hear Vinnie while he’s driving? We also have C Bolaski telling Vinnie to meet him down the field, and he says this took place while they were at T-Birds, which is a one-minute drive from Vinnie’s house.

 

 05  But somehow Jerry gets on the phone with Kirby and

 06  asks to talk to Vinny, and Vinny at first doesn't come to

 07  the phone, but then he does pick up the phone, and Jerry

 08  and Vinny engage in some sort of a conversation, that is

 09  the content of that, not really sure.  I just hear him

 10  talking in the back, you know, asking him what's going

 11  on.  He says Vinny's like, I can hear Vinny saying, you

 12  know, you don't want to me mess with me, or something. 

 13  Q.     So Vinny saying it that loud you could hear it?

 14  A.     I could hear him say that one thing.  I wasn't

 15  listening in, but I did catch that, you know, one thing. 

 16  I heard him saying that because I heard him say, you

 17  know, you don't want to mess with me.  I don't know, they

 18  were just going back and forth, kind of.  And I could

 19  hear him on the phone getting elevated, and then I could

 20  hear him say that.  You know, I didn't know what he was

 21  saying prior, but I heard him say you don't want to mess

 22  with me.  And then him and Jerry kind of got into a

 23  little disagreement, and then Vinny hung up, and then I

 24  think Vinny called back Jerry's phone, and that's when

 25  Jerry -- see, I don't know if Jerry had talked to Tim

0190

 01  Arbuckle initially, he must have, because that was when

 02  Jerry says meet me down the ball field.  Jerry wouldn't

 03  have said meet me down the ball field if he hadn't have

 04  talked to Tim Arbuckle.  Tim is the one that said, you

 05  know, come down to the ball field.  He was down there

 06  playing softball and everything else.  You know, Tim is

 07  a, the tough guy, he's supposed to be a tough, he's a

 08  tough kid.  I guess we're all concerned, I guess.  But I

 09  wasn't talking, so I can't tell you exactly what was

 10  said.  But we said, you know, meet us at, Jerry said meet

 11  me at the ball field.  So then we left T-Birds.

 

Now, both C Bolaski, and K Bolaski claim they didn’t hear the conversation. Here we have J Ucci in a heated discussion with a man they’ve deemed as a threat, and say they’re not paying attention to the conversation. Yet, they’re drinking, all riled up, and they’re in a truck cabin with close quarters.

 

But in T Blanchard’s statement to Sgt Smith beginning on Page 19—Line 21 below, he quotes J Ucci telling T Arbuckle, “Let’s end this with this kid” moments before they head down the field. In the testimony following this, we have unbiased witnesses who witness the offer of the one-hundred dollars to T Arbuckle to “end it”, while another actually witnesses the transaction.

 

19

21           And Kirby actually ended up putting Vince on

22   the phone, he was with her, and he goes -- this is all

23   from Jerry's side.  I can't hear on the phone, but I --

24   is this Vincent he said, and the kid said yeah, and he

25   goes who the hell do you think you are, what are you

 20

 1   doing coming into our -- into Vermont thinking you're

 2   tough, you're from Boston?  He said you can't go into --

 3   up into people's houses and pull out knives on people,

 4   chase people into town and punch people like that, who

 5   the hell do you think you are, and he just kept talking

 6   to him. 

 7             And then he said -- he said to him look, and

 8   he said I'm not going to deal with this, and at that

 9   point Vincent said I'm crazy.  He goes I just want to

10   let you know I'm crazy, and Jerry goes I'm crazy too,

11   I'm crazy, and he starts screaming, I'm crazy, you want

12   to meet me, you want to meet me at the baseball field in

13   Chester?  You can meet there.  He said you want to come

14   there?  You want to plan this up?  He's like you can

15   come meet me at the Chester baseball field. 

16             And after that, he had to use my phone to

17   call another friend, Tim Arbuckle, one of his friends,

18   and he said look, Tim, I heard you had problems with

19   this kid the night before, he said let's end this with

20   this kid, he said, and deal with the situation the best

21   we can and see if this kid's going to come after us with

22   a knife is what I figured was going to happen or a fight

23   or I didn't know what was going to happen at that point

24   in time.  I had no idea. 

 

 

Now, in Steve Pippin’s GJ Testimony, Page 59—Line 10 below, we learn that Tim Arbuckle gets offered One-Hundred dollars to beat somebody up.

 

10  Q.     Okay.  At some point -- let me back up, do you

 11  know someone named Tim Arbuckle?

 12  A.     I do, he's on my team.

 13  Q.     He's on your team.  So you and he play softball

 14  together?

 15  A.     Four years in a row, yes.

 16  Q.     At some point did you become aware of whether Tim

 17  received a telephone call?

 18  A.     Yes, I was kind of right next to him.

 19  Q.     So you were right next to him.  He gets a call on

 20  his cell phone?

 21  A.     Yeah.

 22  Q.     And I mean obviously you can only hear one side of

 23  the call, but what was the general gist of it?

 24  A.     Well, I was in a different conversation.  He

 25  happened to be right next to me.  I didn't hear the phone

0060

 01  conversation.  He finished the phone conversation and let

 02  us know he was offered a hundred dollars to protect his

 03  buddy, beat somebody up, or protect his buddy from being

 04  beat up.  He said that was an easy hundred bucks.  He's

 05  known as a thug, so, it wasn't shocking to us.

 06  Q.     So someone else offered him a hundred dollars to

 07  be kind of hired muscle?

 08  A.     Yeah, or protect or whatever.

 09  Q.     Did you learn when, if he was supposed to perform

 10  this service for a hundred bucks?

 11  A.     It sounded pretty immediate.  It sounded like it

 12  was going to happen pretty quick. 

 

Also, in Steve Howard’s GJ Testimony, Page 106—Line 20 below, not only does he confirm the hundred-dollar offer to Tim Arbuckle, but he witnesses the transaction of the one-hundred-dollars between the driver of the gray truck and Tim Arbuckle. This is why there is a huge discrepancy about who is driving the truck. No one wants to claim they were the driver, yet that truck made it down the field.

 

20  Q.     Okay.  And after the games were over, let me

 21  back up for a second, you know Tim Arbuckle?

 22  A.     I do.

 23  Q.     He's on your team? 

 24  A.     He's on our team, yes.

 25  Q.     After the games were over, were you aware of all

0107

 01  the phone calls involving Tim?

 02  A.     I knew he was on the phone.  I did not know what

 03  was happening.  At the time.  Other than the fact that I

 04  heard somebody's going to pay me a hundred bucks to beat

 05  up this guy.

 06  Q.     Okay.  So you hear Tim say that.  What happens

 07  next that's of note?

 08  A.     I don't know how much time after, that we didn't

 09  think much of it, we went about our business,

 10  socializing, and --

 11  Q.     Why didn't you think much of it?  Was it because

 12  of Tim's personality, this happens all the time or --

 13  A.     Yeah, something similar to that.  Tim likes to get

 14  a little wild, we'll say that. 

 15  Q.     I apologize, I interrupted you. 

 16  A.     No, you want me to go right through the events

 17  after that? 

 18  Q.     Go right through, and I'll stop you if we have any

 19  follow-up questions. 

 20  A.     Okay.  We were all chatting and running our mouths

 21  back and forth, I guess, to each other, and all of a

 22  sudden a car pulled in on the upper field where the road

 23  comes around the first field there.  It started to pull

 24  down into the field and then backed up and stayed up on

 25  top.  Actually I have to back up from there, to be honest

0108

 01  with you. 

 02               We were there all day.  My truck was

 03  parked in between the two fields, which had been there

 04  since morning, because we played all day.  While we were

 05  socializing, a gray truck came in and parked right beside

 06  my truck.  Before that truck is when Tim apparently got

 07  this phone call, which I see him on the phone but did not

 08  know it was, the phone call or whatever.  And this kid

 09  got out and said Tim, I'll give you hundred bucks, you

 10  help me beat up this guy.  Well, that's when the car came

 11  and parked up top of the hill.

 12  Q.     So just so we got the sequence right, Tim gets the

 13  phone call, Tim says he's going to get paid a hundred

 14  bucks to beat up this kid?

 15  A.     Right.

 16  Q.     Then the silver pickup truck comes in, it parks

 17  next to your pickup truck?

 18  A.     Right.

 19  Q.     Someone gets out of pickup truck?

 20  A.     Yep.

 21  Q.     Does that someone go up to Tim?

 22  A.     Heads right towards Tim.

 23  Q.     Anybody with him?

 24  A.     There was, there was, I don't know how many, but

 25  somebody did get out of passenger side, so, yes, there

0109

 01  was somebody with him.

 02  Q.     Okay.  So that's the driver goes up to Tim?

 03  A.     Yes.

 04  Q.     And are you able to hear the conversation back and

 05  forth between the driver and Tim?

 06  A.     No, other than the fact that when Tim was bragging

 07  about the hundred bucks, we just put two and two

 08  together, that this was the guy, because when he pulled

 09  in, I didn't even know who this guy was, he got out, and

 10  he said, Tim, I'll give you the hundred bucks if you help

 11  me beat up this guy.  He headed toward him, so we kind of

 12  focused what's going on here now.

 13  Q.     So you kind of see the transaction being closed?

 14  A.     Right.

 

In this segment, taken from T Blanchard’s statement to Sgt. Smith, Page 22—Line 9 below, we know it was K Bolaski and J Ucci who got out of the truck. If that leaves C Bolaski in the front seat, and T Blanchard in the back, I think we know the driver that made that transaction because there was never any mention of J Ucci driving any truck at any time of this day.

 

 22 

 9   We get down there to the baseball field and we're

10   pulling in, and Kyle and Jerry get out of the truck, out

11   of Kyle's truck.  We were in Corey's truck before.  We

12   had stopped at Corey's house and then switched and got

13   in Kyle's truck and then went down there in Kyle's

14   truck. 

15             And Kyle gets out, Jerry gets out, and I

16   looked at Corey in the front seat and I said Corey, I'm

17   scared.  

 

In this segment, taken from K Bolaski’s statement to Jenkins, Page 7—Line 10 below, K Bolaski claims T Blanchard is driving the truck when they got to the field. He specifies the exact seating arrangement, but T Blanchard suggests he’s sitting in the back seat by pointing out C Bolaski in the front seat above.

                                                          

10      Q.     What time did you get to the softball field? 

11       A.     The softball field? 

12       Q.     Yep. 

13       A.     I couldn't tell you exactly what time it was

14   that we got there. 

15       Q.     Roughly.  Morning?  Afternoon? 

16        A.     It was at night. 

17       Q.     Was it dark yet? 

18       A.     Not dark yet, no. 

19       Q.     Okay.  So -- 

20       A.     It wasn't dark.  It was still light. 

21       Q.     Okay.  Like -- 

22       A.     Plenty of light enough.  Maybe it was 7:00, 

23   7:30. 

24       Q.     Seven, 7:30? 

25       A.     Yep.

 8

 1       Q.     And who did you go with? 

 2       A.     My friend Tristan was driving my truck, my

 3   brother -- 

 4       Q.     Tristan who? 

 5       A.     Tristan Blanchard. 

 6       Q.     Blanchard? 

 7       A.     Yep. 

 8       Q.     How old is she? 

 9       A.     It's a -- it's a male. 

10       Q.     Oh, I'm sorry.  All right.  How old is he? 

11       A.     He's roughly 20, 21. 

12       Q.     Twenty-one?  He was driving the truck? 

13       A.     Yeah. 

14       Q.     Okay.  Who else was with you? 

15       A.     My brother Corey. 

16       Q.     Where was he sitting? 

17       A.     He was in the back seat. 

18       Q.     Which side in the back?  Like behind the

19   passenger? 

20       A.     I can't -- I can't recall.  I think he was

21   sitting behind the -- the driver.  My friend Jerry Ucci

22   was there as well. 

23       Q.     Jerry who? 

24       A.     Jerry Ucci. 

25       Q.     Is that with a J -- with a G or a J? 

 9

 1       A.     J. 

 2       Q.     How do you spell his last name? 

 3       A.     U-c-c-i. 

 4       Q.     U-c-c-i?  And where was he sitting?  

 5       A.     In the back seat as well.  Along with my dog

 6   Howie. 

 7       Q.     What kind of dog? 

 8       A.     He's a husky-collie mix.  You haven't heard

 9   if he's all right, have you? 

10       Q.     I don't, but I'm sure --  

11       A.     I don't know where he ended up in the whole

12   mix -- 

13       Q.     Right. 

14       A.     -- because he's -- he was in the truck the

15   whole time when the windows were getting smashed up. 

16       Q.     Husky-collie mix? 

17       A.     Yep. 

18       Q.     Okay.  Where were you sitting in the truck

19   when you came? 

20       A.     I was sitting in the front seat. 

21       Q.     In the passenger seat? 

22       A.     Yep.  Yes.  Sorry.

23       Q.     Okay.  So you -- so it's four of you? 

24       A.     Yeah. 

25       Q.     You, your brother Corey, your friend Jerry. 

 10

 1   I'm sorry.  Tristan driving? 

 2       A.     Yeah. 

 

And, according to J Ucci’s GJ Testimony, Page 136—Line 19 below, it’s C Bolaski driving the truck.

 

19  Q.     Who is driving Kyle's truck?

 20  A.     Corey is.

 21  Q.     Why is Corey driving Kyle's truck?

 22  A.     Because Kyle had had a few beers.

 23  Q.     Where is Kyle?

 24  A.     In the passenger seat.

 25  Q.     Where are you?

0137

 01  A.     I'm in the back.

 02  Q.     Where's Tristan?

 03  A.     He's in the back.

 04  Q.     Where is the 30-06?

 05  A.     In the back.

 06  Q.     Where?

 07  A.     It was in the middle in between the seat.

 08  Q.     I don't know what that means.  Is it bench? 

 09  A.     It's a bench seat, but there's like a little, I

 10  don't know what you call it --

 11  Q.     Seam?

 12  A.     A seam, yeah, they were actually underneath the

 13  center console in the front, and the butt end of it was

 14  on the back seat.

 15  Q.     You say they?

 16  A.     Both, both rifles, yes.

 17  Q.     So where do you go from Mike Gleason's house?

 18  A.     We went to the softball field.

 

 

 

Now, in C Bolaski’s statement to Trooper Trudeau, Page 35—Line 15 below, not only do we have them picking T Blanchard up in K Bolaski’s truck, but, according to C Bolaski’s statement below, T Blanchard started driving at that point, not when they suspected a State Police officer was going to pull them over on Trebo Road, which contradicts the previous testimony of T Blanchard’s, and C Bolaski’s GJ Testimony claim that they switched  on top of Crow Hill Road after the State Police incident. The statement begins when they left Popple Dungeon Road, and follows them through their events all the way until they show up at the field for their confrontation. They did this entire trip in K Bolaski’s truck, which corroborates J Ucci’s GJ Testimony that they did not switch trucks before they picked T Blanchard up. They picked him up in K Bolaski’s truck, not C Bolaski’s.

 

35

15      Q.   Okay.

16      A.   So anyhow, we got out of the woods.  We went back

17   there and we saw him, then we called Tristan and we talked

18   to Tristan, and he was scared.  So we went back to his

19   place, picked Tristan up.  So now me and Tristan are

20   together, Tristan started driving, and he was with me and

21   Kyle and Jerry, and that was it, in Kyle's car.

22      Q.   So there was four of you?

23      A.   Me, Kyle, Jerry, yeah.

24      Q.   The three of you guys that were scouting --

25      A.   Yeah.

 36

 1      Q.   -- and Tristan?

 2      A.   And Tristan.  And Kyle's dog at that point.

 3      Q.   You guys were riding around then or --

 4      A.   Yeah, we had just left my house.  We went and picked

 5   Tristan up.

 6      Q.   So you're in your truck, or your brother's truck

 7   or --

 8      A.   No, we were in my brother's truck.

 9      Q.   Kyle's truck?

10      A.   Kyle's truck.

11      Q.   So you went to Tristan's in Kyle's truck.

12      A.   We picked Kyle -- or we went -- yeah.

13      Q.   So then it's you, Jerry, Kyle, Tristan riding

14   together?

15      A.   Yup.

16      Q.   Got ya. 

17      A.   And he's telling us what's going on and how he's so

18   scared, everything else, blah, blah, blah.  He's scared, he

19   don't know what to do.

20      Q.   So Tristan tells you --

21      A.   Yeah.

22      Q.   -- all this above information?

23      A.   Yeah, this, yeah.  I start saying, you know, what's

24   going on?  What's going on?  He's telling me.  He says, you

25   know, he's, like, telling me everything that's going on. 

 38

 1   So, you know, me and Tristan had our differences, but we're

 2   good -- I would never want anybody to get the shit kicked

 3   out of 'em.  We're pretty --

 4      Q.   For what?

 5      A.   You know, we used hate each other and now we're

 6   decent friends and --

 7      Q.   Yeah.

 8      A.   And I'd expect somebody to help me out if some huge

 9   kid was going to beat the shit out of me --

10      Q.   Sure.

11      A.   -- and was stalking my house.  Like I said, he's

12   like, you know, I don't feel -- the kid came up to my house

13   yesterday once already with a knife.  What's he going to

14   come up with next, a gun?  Something. 

15      Q.   Okay.

16      A.   I don't know.  So he was scared.  We picked him up.

17   And he had told his girlfriend and this other girl to leave

18   so that way this kid showed up, they wouldn't be there.

19      Q.   Who is Tristan's girlfriend?

20      A.   Michelle Lachapelle.

21      Q.   Yeah.  Yeah.

22      A.   So they left and we left.

23      Q.   And who was with Michelle?

24      A.   I'm not sure.  I think Jordan, that Jordan chick, I

25   think.

 38

 1      Q.   Yeah.

 2      A.   I don't know.

 3      Q.   That's all right.

 4      A.   I think.

 5      Q.   So Tristan tells Michelle and Jordan to leave his

 6   house?

 7      A.   Yes.

 8      Q.   So there's nobody at Tristan's house?

 9      A.   Yeah.  So that way if the kid comes back -- you got

10   somebody knocking.  Hello?

11      Q.   No, I think it was my foot.  Sorry.  So he tells the

12   girls to leave? 

13      A.   Yeah.  We all leave.

14      Q.   In case Vinnie shows up?

15      A.   In case, yeah, because they don't -- he doesn't, you

16   know, scared for them.

17      Q.   Yup.

18      A.   He doesn't --

19      Q.   Yup.

20      A.   So we all leave and we're driving.  We're just

21   driving around.  And Jerry calls Kirby because, like I said,

22   we had thought we had seen this kid.  And Tristan wanted to

23   talk to this kid and tell him, you know, what is your

24   problem.  But he's too scared of the kid.  So Jerry calls

25   Kirby up saying, where's this kid?  Where is Vinnie? 

 39

 1   Talking to Vinnie, you know.  What are you doing?  What's

 2   your problem?  This kid gets on the phone saying he's gonna

 3   -- he's a crazy mother F'er and he's going to find everyone

 4   involved and all this shit.

 5      Q.   So Jerry gets on the phone with him?

 6      A.   Yeah, oh, yeah.

 7      Q.   Because they're riding together?

 8      A.   Jerry calls --

 9      Q.   Jerry and --

10      A.   -- Kirby. 

11      Q.   Yup.

12      A.   Yup.  And Kirby gives the phone to this other kid.

13      Q.   So Kirby and Vinnie are together?

14      A.   Yeah.  Because Tristan had confirmed that they were

15   driving by his house.  They kept seeing this car drive by.

16   So we were, like, oh, that makes sense.  We had seen some

17   kid with Kirby earlier, you know.

18      Q.   So Jerry talks to Vinnie on the phone?

19      A.   Jerry knows Kirby.  Jerry went to Chester with

20   Kirby, you know what I mean?  We live in Chester, me and

21   Kyle, but I'm from Springfield.  So I don't really know

22   Jerry that well, I don't know Kirby that well.  Gibb's from

23   Chester.  I don't really -- but Jerry knows Kirby, so he

24   calls up Kirby and he's, like, you know, let me talk to this

25   Vinnie kid.  This Vinnie kid gets on the phone saying he's

 40

 1   going to beat everybody up, you know, he's going to hurt

 2   everyone, all this and that.  So Jerry, I think, told him to

 3   -- or he was asking him where he was or whatever, and the

 4   kid was saying he was going to beat him up, and he told him

 5   to -- I think he told him to -- that's why I don't -- I

 6   don't remember this part exactly, but I think he told him to

 7   go down to the ball field.  That's why I think the kid

 8   showed up there.  That's why I don't -- I don't -- I was

 9   inside at Jiffy Mart at this point in time.  I don't really

10   -- there was some -- there was some blue areas of where I

11   don't know, you know what I mean?

12      Q.   So you think Jerry told Vinnie to go to the ball

13   field?

14      A.   Right.  And Vinnie -- I mean, Jerry called up this

15   kid Tim, Tim Parker.  This is -- he's a bigger kid.  He

16   plays on the softball team.  He calls up -- Jerry and this

17   Tim are good friends, and Tim's a well known tough guy or

18   whatever, you know, whatever, I guess, and so frickin' --

19   he's, like, yeah, bring him -- have him come down to the

20   ball field, blah, blah, blah, this and that or something, I

21   think.  So that's why I think that he told him to go to the

22   ball field, obviously, because, you know, they're all --

23   this kid's huge and he's on steroids and they know he's got

24   weapons.  They know at this point in time he's got a knife,

25   he's got, you know, a Taser.  He's already threatened it

 41

 1   once, you know, you know, so --

 2      Q.   Is Jerry your brother Kyle's friend?  Is that --

 3      A.   Yup.  They work at Homestead together.

 4      Q.   Got ya.

 5      A.   Yeah.

 6      Q.   I just wanted to make sure we didn't have a

 7   different Jerry here. 

 8      A.   Nope.  No.

 9      Q.   Okay.  So the four of you are together?

10      A.   Yeah.

11      Q.   You believe Jerry tells Vinnie to show up at the

12   ball field?

13      A.   Right.  And --

14      Q.   And Jerry has a --

15      A.   In, like, X amount of minutes, 20 minutes, you

16   better be at the ball field.  But this kid hangs up or

17   whatever.  So Jerry calls Tim Arbuckle, Tim Arbuckle, and

18   says who is playing at the softball game?  And Tim is the

19   one that tells us to come down there or whatever, I think,

20   or tells -- you know what I mean?  He says, you know, come

21   down here and I'll (inaudible).  Like I said, he's a tough

22   guy or whatever and --

23      Q.   So does he talk to Tim before he calls Vinnie and

24   tells him to go to the softball field or --

25      A.   I think it was -- I don't know if it was after or

 42

 1   before.

 2      Q.   Okay.

 3      A.   I think it was probably after because if he -- if

 4   Tim said come to the softball field and then that was when

 5   Jerry probably was, like -- I think because the kid hung up. 

 6   I think Jerry called back and said, if you're a man or, you

 7   know, meet me at the softball field or whatever.  That's

 8   why, you know, and then we all -- they said, go down to the

 9   softball field.  So I went down there, not knowing really of

10   the full intentions of what was going on.  But we still had

11   those two -- those two guns with us, whatever.

12      Q.   So just let me make sure with this Tim Arbuckle

13   thing.  Jerry calls Tim.  Tim is a tough guy down at the

14   softball field and says --

15      A.   Yeah, Tim just --

16      Q.   -- bring him this way?

17      A.   Yeah, no, I guess, Tim, yeah, Tim said, you know,

18   I'll take care of it.  I mean, Tim was called last night, I

19   guess, when this kid was messing around because Tim is

20   supposedly Tristan's girlfriend's, like he just, I don't

21   know, he will help him out or whatever.  Like I said, he's a

22   tough guy.  So he says, you know, come down here.

23          So the kid -- you know, I mean, we all go down there

24   and they're having their little game down there and we're

25   all hanging out there for a little bit, not doing -- you

 43

 1   know, we're all fine down there.  Then all of a sudden this

 2   car pulls up, which is down by -- you know, the field's here

 3   and there was -- you know what I mean, there's the white

 4   trailer here, you take a left into the field and --

 5      Q.   Yeah.

 6      A.   -- before you come around, he was waiting down here

 7   in this car, okay.  We're all down here at the field.

 8      Q.   How long were you guys at the field before he showed

 9   up?    

10    A.   Probably 15 minutes, 20 minutes.

 

Now, In K Bolaski’s GJ Testimony, Page 53—Line 6 below, we have K Bolaski claiming they are in Corey’s truck when a State Trooper spots them passing a vehicle on Chester Road. So they turn on to Crow Hill Road and allegedly switch driver’s because T Blanchard has weed on him. But rather than tell T Blanchard to toss the weed out the window, they make him drive? Yet, in the above statement from C Bolaski, they were in Kyle’s truck when they were on these roads, and T Blanchard was driving from the time they picked him up when they got out of the woods.

 

06  Q.     So, what happens after that phone conversation?

 07  A.     After that phone conversation we leave the gas

 08  station and head towards Chester, on Chester Road. 

 09  Corey's driving, and we pass a slow moving vehicle,

 10  pretty straight flat road, so we pass the slow moving

 11  vehicle, and in doing that, state cop was turning around

 12  in the turnaround that's right there, and Corey looked in

 13  his rear-view mirror, he saw the woman flash the light on

 14  her car when the state cop passed her, so he thought he

 15  was going to get a passing violation.  It may have been a

 16  non passing zone, or whatever.  He takes a right onto

 17  Green Mountain Turnpike Road headed away from the ball

 18  field at that point. 

 19  Q.     You're on what road?

 20  A.     Green Mountain Turnpike.

 21  Q.     You turn on Green Mountain?

 22  A.     Yes.

 23  Q.     From which road?

 24  A.     Springfield Chester Road.

 25  Q.     Okay, go ahead, what happens?

0054

 01  A.     So then we turn on the Green Mountain Turnpike,

 02  now we're headed away from the ball field.  And like I

 03  told you before, Jerry had said fifteen minutes to meet,

 04  we'll meet and talk then.  So now we're headed onto Green

 05  Mountain Turnpike, which is a small dirt road in Chester. 

 06  We turn right onto Crow Hill Road.  So now we're headed

 07  in the total opposite direction from the ball field at

 08  this point.  No longer concerned with getting to the ball

 09  field. 

 10  Q.     Say what?

 11  A.     We're no longer concerned with getting to the ball

 12  field at that point.

 13  Q.     Okay. 

 14  A.     So making our way up Crow Hill Road, and we're

 15  driving down the road, and, you know, Tristan apparently

 16  had a bag of weed on him.  So I didn't know until he

 17  pulled it out, he says got a bag of weed on me.  Corey

 18  said, well, Can't drive my truck, then, if you got that

 19  on you, because he had no knowledge of it, either.  But,

 20  so Tristan started driving Corey's truck.

 21  Q.     What's the logic of switching drivers here?

 22  A.     Because Corey didn't want the liability of having

 23  the bag of weed that Tristan had in his truck.

 24  Q.     This is marijuana we're talking about?

 25  A.     Yeah, and I had no knowledge of him having it,

0055

01     either.  Till he pulled it out.

 

Now, K Bolaski tells us C Bolaski discovered T Blanchard had weed on him when they were on the backroads. He was so scared of driving while Blanchard had that weed on him, he tells Blanchard to drive. Yet, in the following passage from C Bolaski’s GJ Testimony, Page 105—Line 8, he wants to drive K Bolaski’s Ford, not knowing if Blanchard still had the weed on him or not. He also states he only had one beer at this point, but we’ve already established he’d been drinking all morning.

 

08  Q.     Oh, sure, sure, sure.  So I'm just wondering, so

 09  where's Kyle sitting when this is happening?

 10  A.     He is in the passenger seat.  I had asked, or,

 11  yeah, I had wanted to drive this truck, he just got a new

 12  F350, just barely, only had it couple weeks or so, a

 13  month, maybe.  I wanted to drive his truck.  I still

 14  wasn't drinking or anything.  I had that one beer

 15  earlier.  And so I wanted to drive, you know.  Now that

 16  we were in different vehicle, not sure whether Tristan

 17  still had the marijuana or not, gotten rid of it, threw

 18  it out the window, because I was going to drive.

 19  Q.     So you're in the driver's seat?

 20  A.     Yep,

 

Here, beginning in K Bolaski’s GJ Transcript, Page 55—Line 2 below, we have K Bolaski saying they go to Gib’s house, on Orchard Lane, and then back to his apartment in Chester to switch truck’s. Also, K Bolaski says they transferred the rifle from C Bolaski’s truck, to his truck, but we already read in J Ucci’s testimony that the rifle never left K Bolaski’s truck. Apparently, this is where C Bolaski goes in and gets the 30.06, which  

 

 

                                                        So, so we're driving

 02  down this road, and we end up going towards Gib's house,

 03  who lives out this way, and since this time, it's been

 04  probably half hour, forty minutes since this is all

 05  happened, and we go to Gib's house, we think maybe Gib

 06  might be there, and we get there and Tristan calls Gib to

 07  see where Gib is at because Gib's with his girl friend

 08  and Jordan, and so he, he doesn't talk to Gib, I guess he

 09  can't get ahold of him, so we stop there for a minute,

 10  deciding what do, you know, we're no longer concerned

 11  getting to the ball field at that point.  Corey's truck's

 12  almost out of gas.  And makes a decision to head back to

 13  pick up my truck.  His truck is almost out of gas.

 14  Q.     You go back to your apartment to get your truck?

 15  A.     That's correct.

 16  Q.     Do you do that?

 17  A.     Yes, sir.

 18  Q.     What happens when you get to your apartment?

 19  A.     We switch vehicles because Corey's vehicle was

 20  pretty much out of gas.

 

We’ve already determined that they never got C Bolaski’s truck through his statement to Trooper Trudeau, Page 35—Line 16 below first. And then in J Ucci GJ Testimony, Page 136—Line 19 below C Bolaski’s statement, second...What I would like to point out at this time is, nowhere in K Bolaski’s, C Bolaski’s, or J Ucci’s statement has anyone ever mentioned switching trucks.

 

 

16      A.   So anyhow, we got out of the woods.  We went back

17   there and we saw him, then we called Tristan and we talked

18   to Tristan, and he was scared.  So we went back to his

19   place, picked Tristan up.  So now me and Tristan are

20   together, Tristan started driving, and he was with me and

21   Kyle and Jerry, and that was it, in Kyle's car.

22      Q.   So there was four of you?

23      A.   Me, Kyle, Jerry, yeah.

24      Q.   The three of you guys that were scouting --

25      A.   Yeah.

 36

 1      Q.   -- and Tristan?

 2      A.   And Tristan.  And Kyle's dog at that point.

 3      Q.   You guys were riding around then or --

 4      A.   Yeah, we had just left my house.  We went and picked

 5   Tristan up.

 6      Q.   So you're in your truck, or your brother's truck

 7   or --

 8      A.   No, we were in my brother's truck.

 9      Q.   Kyle's truck?

10      A.   Kyle's truck.

11      Q.   So you went to Tristan's in Kyle's truck.

12      A.   We picked Kyle -- or we went -- yeah.

13      Q.   So then it's you, Jerry, Kyle, Tristan riding

14   together?

15      A.   Yup.

16      Q.   Got ya. 

17      A.   And he's telling us what's going on and how he's so

18   scared, everything else, blah, blah, blah.  He's scared, he

19   don't know what to do.

20      Q.   So Tristan tells you --

21      A.   Yeah.

22      Q.   -- all this above information?

23      A.   Yeah, this, yeah.  I start saying, you know, what's

24   going on?  What's going on?  He's telling me.  He says, you

25   know, he's, like, telling me everything that's going on. 

 38

 1   So, you know, me and Tristan had our differences, but we're

 2   good -- I would never want anybody to get the shit kicked

 3   out of 'em.  We're pretty --

 4      Q.   For what?

 5      A.   You know, we used hate each other and now we're

 6   decent friends and --

 7      Q.   Yeah.

 8      A.   And I'd expect somebody to help me out if some huge

 9   kid was going to beat the shit out of me --

10      Q.   Sure.

11      A.   -- and was stalking my house.  Like I said, he's

12   like, you know, I don't feel -- the kid came up to my house

13   yesterday once already with a knife.  What's he going to

14   come up with next, a gun?  Something. 

15      Q.   Okay.

16      A.   I don't know.  So he was scared.  We picked him up.

17   And he had told his girlfriend and this other girl to leave

18   so that way this kid showed up, they wouldn't be there.

19      Q.   Who is Tristan's girlfriend?

20      A.   Michelle Lachapelle.

21      Q.   Yeah.  Yeah.

22      A.   So they left and we left.

23      Q.   And who was with Michelle?

24      A.   I'm not sure.  I think Jordan, that Jordan chick, I

25   think.

 38

 1      Q.   Yeah.

 2      A.   I don't know.

 3      Q.   That's all right.

 4      A.   I think.

 5      Q.   So Tristan tells Michelle and Jordan to leave his

 6   house?

 7      A.   Yes.

 8      Q.   So there's nobody at Tristan's house?

 9      A.   Yeah.  So that way if the kid comes back -- you got

10   somebody knocking.  Hello?

11      Q.   No, I think it was my foot.  Sorry.  So he tells the

12   girls to leave? 

13      A.   Yeah.  We all leave.

14      Q.   In case Vinnie shows up?

15      A.   In case, yeah, because they don't -- he doesn't, you

16   know, scared for them.

17      Q.   Yup.

18      A.   He doesn't --

19      Q.   Yup.

20      A.   So we all leave and we're driving.  We're just

21   driving around.  And Jerry calls Kirby because, like I said,

22   we had thought we had seen this kid.  And Tristan wanted to

23   talk to this kid and tell him, you know, what is your

24   problem.  But he's too scared of the kid.  So Jerry calls

25   Kirby up saying, where's this kid?  Where is Vinnie? 

 39

 1   Talking to Vinnie, you know.  What are you doing?  What's

 2   your problem?  This kid gets on the phone saying he's gonna

 3   -- he's a crazy mother F'er and he's going to find everyone

 4   involved and all this shit.

 5      Q.   So Jerry gets on the phone with him?

 6      A.   Yeah, oh, yeah.

 7      Q.   Because they're riding together?

 8      A.   Jerry calls --

 9      Q.   Jerry and --

10      A.   -- Kirby. 

11      Q.   Yup.

12      A.   Yup.  And Kirby gives the phone to this other kid.

13      Q.   So Kirby and Vinnie are together?

14      A.   Yeah.  Because Tristan had confirmed that they were

15   driving by his house.  They kept seeing this car drive by.

16   So we were, like, oh, that makes sense.  We had seen some

17   kid with Kirby earlier, you know.

18      Q.   So Jerry talks to Vinnie on the phone?

19      A.   Jerry knows Kirby.  Jerry went to Chester with

20   Kirby, you know what I mean?  We live in Chester, me and

21   Kyle, but I'm from Springfield.  So I don't really know

22   Jerry that well, I don't know Kirby that well.  Gibb's from

23   Chester.  I don't really -- but Jerry knows Kirby, so he

24   calls up Kirby and he's, like, you know, let me talk to this

25   Vinnie kid.  This Vinnie kid gets on the phone saying he's

 40

 1   going to beat everybody up, you know, he's going to hurt

 2   everyone, all this and that.  So Jerry, I think, told him to

 3   -- or he was asking him where he was or whatever, and the

 4   kid was saying he was going to beat him up, and he told him

 5   to -- I think he told him to -- that's why I don't -- I

 6   don't remember this part exactly, but I think he told him to

 7   go down to the ball field.  That's why I think the kid

 8   showed up there.  That's why I don't -- I don't -- I was

 9   inside at Jiffy Mart at this point in time.  I don't really

10   -- there was some -- there was some blue areas of where I

11   don't know, you know what I mean?

12      Q.   So you think Jerry told Vinnie to go to the ball

13   field?

14      A.   Right.  And Vinnie -- I mean, Jerry called up this

15   kid Tim, Tim Parker.  This is -- he's a bigger kid.  He

16   plays on the softball team.  He calls up -- Jerry and this

17   Tim are good friends, and Tim's a well known tough guy or

18   whatever, you know, whatever, I guess, and so frickin' --

19   he's, like, yeah, bring him -- have him come down to the

20   ball field, blah, blah, blah, this and that or something, I

21   think.  So that's why I think that he told him to go to the

22   ball field, obviously, because, you know, they're all --

23   this kid's huge and he's on steroids and they know he's got

24   weapons.  They know at this point in time he's got a knife,

25   he's got, you know, a Taser.  He's already threatened it

 41

 1   once, you know, you know, so --

 2      Q.   Is Jerry your brother Kyle's friend?  Is that --

 3      A.   Yup.  They work at Homestead together.

 4      Q.   Got ya.

 5      A.   Yeah.

 6      Q.   I just wanted to make sure we didn't have a

 7   different Jerry here. 

 8      A.   Nope.  No.

 9      Q.   Okay.  So the four of you are together?

10      A.   Yeah.

11      Q.   You believe Jerry tells Vinnie to show up at the

12   ball field?

13      A.   Right.  And --

14      Q.   And Jerry has a --

15      A.   In, like, X amount of minutes, 20 minutes, you

16   better be at the ball field.  But this kid hangs up or

17   whatever.  So Jerry calls Tim Arbuckle, Tim Arbuckle, and

18   says who is playing at the softball game?  And Tim is the

19   one that tells us to come down there or whatever, I think,

20   or tells -- you know what I mean?  He says, you know, come

21   down here and I'll (inaudible).  Like I said, he's a tough

22   guy or whatever and --

23      Q.   So does he talk to Tim before he calls Vinnie and

24   tells him to go to the softball field or --

25      A.   I think it was -- I don't know if it was after or

 42

 1   before.

 2      Q.   Okay.

 3      A.   I think it was probably after because if he -- if

 4   Tim said come to the softball field and then that was when

 5   Jerry probably was, like -- I think because the kid hung up. 

 6   I think Jerry called back and said, if you're a man or, you

 7   know, meet me at the softball field or whatever.  That's

 8   why, you know, and then we all -- they said, go down to the

 9   softball field.  So I went down there, not knowing really of

10   the full intentions of what was going on.  But we still had

11   those two -- those two guns with us, whatever.

12      Q.   So just let me make sure with this Tim Arbuckle

13   thing.  Jerry calls Tim.  Tim is a tough guy down at the

14   softball field and says --

15      A.   Yeah, Tim just --

16      Q.   -- bring him this way?

17      A.   Yeah, no, I guess, Tim, yeah, Tim said, you know,

18   I'll take care of it.  I mean, Tim was called last night, I

19   guess, when this kid was messing around because Tim is

20   supposedly Tristan's girlfriend's, like he just, I don't

21   know, he will help him out or whatever.  Like I said, he's a

22   tough guy.  So he says, you know, come down here.

23          So the kid -- you know, I mean, we all go down there

24   and they're having their little game down there and we're

25   all hanging out there for a little bit, not doing -- you

 43

 1   know, we're all fine down there.  Then all of a sudden this

 2   car pulls up, which is down by -- you know, the field's here

 3   and there was -- you know what I mean, there's the white

 4   trailer here, you take a left into the field and --

 5      Q.   Yeah.

 6      A.   -- before you come around, he was waiting down here

 7   in this car, okay.  We're all down here at the field.

 8      Q.   How long were you guys at the field before he showed

 9   up?    

10    A.   Probably 15 minutes, 20 minutes.

 

This is from J Ucci GJ Testimony, Page 122—Line 23 disputing the transfer of the rifle.

 

23  Q.     You switch into Corey's vehicle?

 24  A.     Correct.

 25  Q.     What happened, what happens to the .22?

0123

 01  A.     It stayed in Kyle's truck.

 02  Q.     Stayed in Kyle's truck?

 03  A.     Correct.

 04  Q.     Is there a vehicle in Corey's vehicle -- is there

 05  a rifle in Corey's vehicle?

 06  A.     No.

 07  Q.     So at this point, when you're going up to the

 08  apple orchard, there's no weapon in the truck?

 09  A.     Correct.

 10  Q.     Do you go to that orchard?

 11  A.     No, we didn't make it to the orchard.  We left for

 12  the store, and we went up a back road that goes to

 13  Springfield, Tribow Road, and for some reason or another

 14  Kyle had called Tristan Blanchard because he's a friend

 15  of Kyle's.  I'm not sure why he called him but –

 

Now, in this particular segment of K Bolaski’s GJ Testimony, Page 55—Line 21 below, K Bolaski gets into detail about why they went to get the 30.06

 

 21  Q.     All right.  You had had a .22?

 22  A.     Yes.

 23  Q.     What was with that?

 24  A.     I put the .22 back in my vehicle where I always

 25  have it.  I always keep it right in my truck.  And I put

0056

 01  my dog in the back seat of my truck.  And I get in the

 02  passenger side of my truck, and Jerry gets in the back

 03  seat.  Corey goes inside.  Earlier in the day Tristan had

 04  said he wanted protection, he said he talked to his step-

 05  dad about getting a pistol just in case that guy came

 06  back to his house, he didn't feel comfortable sleeping at

 07  Night, he didn't know when he was coming back, he

 08  obviously broken into his house, and so Corey had offered

 09  him earlier in the day protection for the night, he said

 10  you can borrow my rifle For the night.  Tristan

 11  acknowledged the fact that, you know, okay.  So Corey

 12  came out, and he brought the rifle and showed Tristan. 

 13  Tristan acknowledges the fact that it was, it was for

 14  him, it was the 30-06.

 15  Q.     Whose gun is it? 

 16  A.     That's Corey's gun.

 17  Q.     Okay.  What happened at that point? 

 18  A.     So I told Tristan about the functionability of

 19  rifle.  I'm very familiar with firearms.  I'm a hunter, a

 20  passionate hunter, it's one of my favorite pastimes in

 21  life, and I'm very familiar with firearms.  So I for

 22  safety of Tristan, you know, I do the right thing, I take

 23  hunter education, passed a hundred percent, you know, I

 24  show him the functionability of the rifle and put the

 25  clip in the glove box and put the rifle in the back seat

0057

01     pointed down just like a .22. 

 

But in T Blanchard’s statement to Sgt Smith, Page 31—Line 3 below, T Blanchard has no idea why they went into the house to get the 30.06. Not only that, but he specifically states there was no discussion as to why they got that gun. He was asked numerous times, and each time he claimed, not only did he have no idea, but there was never a discussion about that gun.

 

 31

 3       Q.     And then you said you went to whose house to

 4   get another gun? 

 5       A.     We stopped at Corey and Kyle's house when we

 6   got into Chester because their house is in Chester -- 

 7       Q.     Okay. 

 8       A.     -- to switch out into Kyle's truck because I

 9   guess Corey had no gas and they just wanted to get in

10   Kyle's truck. 

11       Q.     Okay.  And did you -- did they transfer the

12   rifle from the truck you were in to the other truck? 

13       A.     Yeah. 

14       Q.     Okay.  Who did that? 

15       A.     I think it was Kyle because that first one

16   was his gun -- 

17       Q.     Okay. 

18       A.     -- and then, like I said, Corey came out

19   with the other one. 

20       Q.     Okay.  So Corey went into the house and

21   brought out a gun? 

22       A.     Um hum. 

23       Q.     Okay.  And why did they do that? 

24       A.     For protection as far as I'm concerned. 

25       Q.     Did they say something? 

 32

 1       A.     Did they say -- 

 2        Q.     Did they make comment about I'm going to get

 3   my gun or anything like that? 

 4       A.     No.  No. 

 5       Q.     They just came out and had the guns? 

 6       A.     Um hum. 

 7       Q.     Okay.  What type of comments did they make

 8   about the guns? 

 9       A.     They didn't make any comments (inaudible). 

10       Q.     You didn't make any comment, nothing?  I

11   mean -- 

12       A.     No.  When we got there -- when we got there

13   and I said to Corey I'm scared, Corey, I don't know what

14   to do, Corey, he -- 

15       Q.     Well, I -- I want to -- I want to back up. 

16   We're at the house.  You guys are riding around.  This

17   Jerry Ucci takes your phone, he calls this Vince kid,

18   talks to Vince.  They have a heated argument on the

19   phone; is that right? 

20       A.     Um hum. 

21       Q.     Okay.  Arrangements were made for Jerry -- 

22       A.     Between both of them. 

23       Q.     -- to meet Vincent at the ball field? 

24       A.     Vincent to meet Jerry. 

25       Q.     Huh? 

 33

 1       A.     For Vincent to meet Jerry. 

 2       Q.     Right. 

 3       A.     The same thing. 

 4       Q.     Right. 

 5       A.     I mean, either way, both of them were

 6   meeting. 

 7       Q.     They were going to meet there.  They -- they

 8   had a -- a conversation on the phone you said -- 

 9       A.     It was a mutual agreement. 

10       Q.     -- you described it -- I would describe it

11   as a heated conversation -- 

12       A.     Yeah. 

13       Q.     -- from what you told me; is that true? 

14       A.     Oh, yeah. 

15       Q.     Okay.  Then you go back to Corey's house,

16   right? 

17       A.     Um hum. 

18       Q.     Corey goes inside, gets a gun you say? 

19       A.     Um hum. 

20       Q.     What did the gun look like? 

21       A.     It's just a rifle from what I know.  I don't

22   know much about guns -- 

23       Q.     Okay. 

24       A.     -- but they both were rifles, and I was told

25   they were 30-06 with different calibers. 

 34

 1       Q.     All right.  And Kyle has a gun in his

 2   truck -- 

 3       A.     Um hum. 

 4       Q.     -- is that right? 

 5       A.     Um hum. 

 6       Q.     I -- 

 7       A.     Yes. 

 8       Q.     Okay. 

 9       A.     Sorry. 

10       Q.     And did Kyle take the rifle out of the

11   truck? 

12       A.     Out of Corey's?  He took it out of Corey's

13   and then put it in his truck -- 

14       Q.     And put it in Kyle's -- 

15       A.     -- and then we -- and then we headed down to

16   the field. 

17       Q.     Okay.  So you were in Corey's truck, you

18   drove to Corey's house, got into Kyle's truck?  

19       A.     Um hum. 

20       Q.     When you got into Kyle's truck, Kyle took

21   the rifle from Corey's truck and put it into Kyle's

22   truck with him? 

23       A.     Yes. 

24       Q.     Corey went into the house? 

25       A.     Um hum. 

 35

 1       Q.     Came back out with another rifle -- 

 2       A.     Um hum. 

 3       Q.     -- is that right? 

 4       A.     Yeah. 

 5       Q.     Okay.  So then you get into the truck. 

 6   That -- that didn't generate any conversation with you

 7   or anybody else that these guys put guns in a truck

 8   that -- with you guys and you guys were going to this

 9   ball field to meet this crazy person? 

10       A.     No, it didn't because Corey and Kyle live

11   for hunting.  They're hunters.  They're -- these are all

12   legal guns, they're registered under them -- 

13       Q.     Right.  They're -- they're legal guns. 

14       A.     -- and they can have them in their car.  Not

15   loaded. 

16       Q.     They're legal guns.  They're legal guns. 

17       A.     Exactly. 

18       Q.     But I'm saying they're going -- 

19       A.     So for it to be in their car isn't something

20   that is not normal to me. 

21       Q.     But you're not going hunting.  They're not

22   going hunting.  They're going to a ball field. 

23       A.     Not at all.  Oh, yeah. 

24       Q.     Okay. 

25       A.     But you can --

 36

 1       Q.     Corey goes in his house and brings out an

 2   extra gun.  Already had one gun.  He went in the house,

 3   brought out another gun, and that's what I'm trying to

 4   understand is there must have been some sort of talk

 5   between them or you or whoever that talked about the

 6   rifle. 

 7       A.     No, because Kyle and Corey were the only two

 8   that got out.  Kyle -- Kyle got out, me got out, Jerry

 9   got out.  I got on the phone.  I think I was talking to

10   my girlfriend or Gib at the time, and Jerry and Kyle had

11   got -- Kyle's gotten out.  Jerry and Kyle got in the

12   Ford, and then I was standing there talking on the phone

13   and then here comes Kyle -- 

14       Q.     Okay.  All right. 

15       A.     -- I mean here comes Corey. 

16       Q.     Okay. 

17       A.     And there was no talk to me -- no one said

18   anything to me about the rifles. 

19       Q.     And nobody said anything about the guns? 

20   Nobody said anything about the guns -- 

21       A.     No. 

22       Q.     -- the whole way there -- 

23       A.     No. 

 

Now, in the demonstration, K Bolaski states he put the clip into the 30.06 to show T Blanchard how to load it in his GJ Testimony, Page 57—Line 2

 

02  Q.     Did you actually put the clip into the rifle as

 03  part of teaching Tristan?

 04  A.     Yes.  I took it back out. 

 05  Q.     Did you hand him the rifle at any point?

 06  A.     I didn't at that point, no.

 07  Q.     So the rifle ends up next to the .22?

 08  A.     Yes.

 09  Q.     And the clip is in the glove box?

 10  A.     That's correct.

 11  Q.     And this is a functioning rifle?

 12  A.     Yes. 

 13  Q.     In good shape. 

 14  A.     Yes. 

 15  Q.     No, no major defects?

 16  A.     No.

 17  Q.     Okay. 

 18  A.     I only fire the rifle a few times in my life. 

 19  It's my brother's rifle, so I, you know.

 20  Q.     He owns it?

 21  A.     Yeah.

 22  Q.     He maintains it? 

 23  A.     It's his deal.  He knows it, got it for Tristan's

 24  protection, Tristan acknowledged the fact that he wanted

 25  it.  He got it for him.  Strictly.  I put my rifle back

0058

 01  in my truck where I always keep it.

 02  Q.     So now there are two rifles in your truck?

 03  A.     That's correct.

 04  Q.     The .22, that you and only you had fired earlier

 05  that day?

 06  A.     Right.

 07  Q.     And Corey's 30-06 that he had gone into the

 08  apartment to get and the clip for the 30-06 is in the

 09  glove box?

 10  A.     That's correct.

 11  Q.     All right.  So --

 12  A.     Both all right unloaded.

 13  Q.     Who is, who is in what position?

 14  A.     Corey's driving truck, I'm in the passenger seat,

 15  Tristan, Jerry in the back seat, Tristan's still holding

 16  my dog. 

 

But in J Ucci’s GJ Testimony, Page 162—Line 19 below, J Ucci claims this demonstration took place inside the apartment, and it was C Bolaski who gave the demonstration

 

19  Q.     You watched Kyle put the clip into the glove box? 

 20  A.     I did watch him put it in the glove box. 

 21  Q.     Where did that take place? 

 22  A.     At the house when we loaded the gun into the

 23  truck.

 24  Q.     How many people did it take to load the gun into

 25  the truck?

0163

 01  A.     One, one, Corey brought the gun out.

 02  Q.     Corey brought the gun out, and Kyle went in and

 03  got the clip?

 04  A.     No, no, Corey brought both out.  While we were at

 05  the apartment, Corey had actually showed him how to load

 06  the rifle.

 07  Q.     Showed --

 08  A.     Tristan.  And then they pulled the clip out.  I

 09  watched Kyle put it in the glove box.

 

But we’ve already learned that T Blanchard never went into the house by his statement to Sgt. Smith from Page 34—Line 17. In fact, T Blanchard was outside on the phone when Corey came out og the house with the 30.06/

 

17       Q.     Okay.  So you were in Corey's truck, you

18   drove to Corey's house, got into Kyle's truck? 

19       A.     Um hum. 

20       Q.     When you got into Kyle's truck, Kyle took

21   the rifle from Corey's truck and put it into Kyle's

22   truck with him? 

23       A.     Yes. 

24       Q.     Corey went into the house? 

25       A.     Um hum. 

 35

 1       Q.     Came back out with another rifle -- 

 2       A.     Um hum. 

 3       Q.     -- is that right? 

 4       A.     Yeah. 

 5       Q.     Okay.  So then you get into the truck. 

 6   That -- that didn't generate any conversation with you

 7   or anybody else that these guys put guns in a truck

 8   that -- with you guys and you guys were going to this

 9   ball field to meet this crazy person? 

10       A.     No, it didn't because Corey and Kyle live

11   for hunting.  They're hunters.  They're -- these are all

12   legal guns, they're registered under them -- 

13       Q.     Right.  They're -- they're legal guns. 

14       A.     -- and they can have them in their car.  Not

15   loaded. 

16       Q.     They're legal guns.  They're legal guns. 

17       A.     Exactly. 

18       Q.     But I'm saying they're going -- 

19        A.     So for it to be in their car isn't something

20   that is not normal to me. 

21       Q.     But you're not going hunting.  They're not

22   going hunting.  They're going to a ball field. 

23       A.     Not at all.  Oh, yeah. 

24       Q.     Okay. 

25       A.     But you can --

 36

 1       Q.     Corey goes in his house and brings out an

 2   extra gun.  Already had one gun.  He went in the house,

 3   brought out another gun, and that's what I'm trying to

 4   understand is there must have been some sort of talk

 5   between them or you or whoever that talked about the

 6   rifle. 

 7       A.     No, because Kyle and Corey were the only two

 8   that got out.  Kyle -- Kyle got out, me got out, Jerry

 9   got out.  I got on the phone.  I think I was talking to

10   my girlfriend or Gib at the time, and Jerry and Kyle had

11   got -- Kyle's gotten out.  Jerry and Kyle got in the

12   Ford, and then I was standing there talking on the phone

13   and then here comes Kyle -- 

14       Q.     Okay.  All right. 

15       A.     -- I mean here comes Corey. 

16       Q.     Okay. 

17       A.     And there was no talk to me -- no one said

18   anything to me about the rifles. 

19       Q.     And nobody said anything about the guns? 

20   Nobody said anything about the guns -- 

21       A.     No. 

22       Q.     -- the whole way there -- 

23       A.     No. 

 

 

Please note: There is no testimony in T Blanchard’s GJ sitting that states anyone demonstrated the use of the 30.06. In fact, he states he told Corey he didn’t need the gun on Page 232—Line 24. He also states he can buy his own.

 

24  Q.     So the second gun gets into Kyle's truck, was the

 25  thought that it would be available for you if you wanted

0233

 01  it?

 02  A.     For protection, yeah, at my house, which I

 03  explained to him, I'm not felon, I can go buy a gun, I

 04  don't need yours, Corey.

 05  Q.     Do the four of you again then head to the ball

 06  field?

 07  A.     Yeah

 

 

In K Bolaski’s GJ Testimony, Page 60—Line 4 below, K Bolaski claims he got a phone call from Mike Gleason, and states what Mike told him.

 

                         So I got a phone call from Mike Gleason

 05  while I'm sitting in the parking lot at Jiffy Mart saying

 06  Vinny was just at his house, he was pulled up outside of

 07  his house, he was planting the hostas that I'd given him,

 08  he said he was shaking with the shovel in his hands. 

 09  He's a big guy, you guys saw Mike.

 10  Q.     Did you, Mike told you he was shaking?

 11  A.     He said he was scared, he said he was scared,

 12  Vinny was just at his house, he said he was screaming out

 13  looking for Gib telling him he's going to kill Gib, he

 14  was going to kill his whole family, he said, he said.  So

 15  Mike said nothing to do with me.  Vinny's screaming I'm

 16  from Boston, I'm fucking crazy, I'm fucking crazy, just

 17  yelling that.  That's what Mike is telling me.  And

 18  Tristan was worried about his girl friend that was there,

 19  and Jordan was there, and --

 20  Q.     Who is Jordan?

 21  A.     Jordan was the girl that was hanging out with Gib

 22  that day. 

 

 

However, in Mike Gleason’s GJ Testimony, Page 197—Line 23 below, Mike Gleason states he tried to call K Bolaski ten minutes before the first shot, and never got a hold of him, which means this conversation K Bolaski claims he had with Mike never took place.

 

23  Q.     Now, at the some point did you place or receive a

 24  phone call to Kyle?

 25  A.     Yeah, I called him probably ten minutes before the

0198

 01  first shot.

 02  Q.     Now, is this before or after his truck drives by

 03  with people hooting and hollering?

 04  A.     I think it was right before.  I think so.  If I

 05  remember right.

 06  Q.     So you placed that phone call, and what gets said?

 07  A.     I never got ahold of him.  He didn't answer.

 08  Q.     Okay.  Did you leave voice mail or anything like

 09  that?

 10  A.     I don't believe so.

 

And then, in Michael Gleason’s statement to Det. Burgess, beginning on Page 14—Line 19, Mike Gleason, again, states he tried to call K Bolaski, and couldn’t get through.

 

14

19            MICHAEL GLEASON:  But that's Sunday

20   morning.  Well, all daylong, to be honest with you,

21   because I didn't know if Vinny saw my face.  You know,

22   there -- even though I was like in the distance -- which

23   he must not have saw me because he didn't recognize me. 

24   He pulled up in our yard -- because we live right by the

25   ball fields. 

 15

 1               DETECTIVE BURGESS:  Yep. 

 2               MICHAEL GLEASON:  He pulled in our yard

 3   because Gib stopped going where is everybody, we got to

 4   try to stop them from going down there, you know,

 5   da-da-da-da-da.  I'm like I don't know what's going on,

 6   you know -- 

 7               DETECTIVE BURGESS:  Um hum. 

 8               MICHAEL GLEASON:  -- I haven't, you know,

 9   seen anybody yet. 

10               DETECTIVE BURGESS:  Um hum. 

11               MICHAEL GLEASON:  So I tried calling Kyle

12   to be like, you know, come on, man, what are you doing,

13   don't go down there, you know.  He didn't answer.