WHITE RIVER JUNCTION, Vt. (AP) - The state Supreme Court has ordered a new bail hearing for a Vermont man who is awaiting a new trial after the court overturned his 2011 second-degree murder conviction.
Kyle Bolaski of Springfield said he was acting in self-defense when he shot another man during a confrontation in a park in 2008. The court said the judge had given improper instructions to the jury and excluded evidence of the victim's mental health.
The Valley News reports a judge ruled this month Bolaski should be held without bail in the meantime. His attorney argued he should be freed on bail, because that was his status before the trial.
The high court Thursday said Bolaski didn't have an "adequate opportunity to present evidence and argument regarding the potential for pretrial release."
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