Judge denies appeal of man facing second trial

Kyle Bolaski-File photo

WHITE RIVER JUNCTION, Vt. (AP) A Vermont judge has denied the appeal of a man pushing for evidence to be added to his second trial on a second-degree murder charge.

The Valley News reports Kyle Bolaski claims he acted in self-defense, and he wants to add evidence on prescription drugs the victim was using at the time of the 2008 shooting. The state Supreme Court reversed his previous conviction.

In court records filed Wednesday, the judge says Bolaski's lawyers did not make an argument that met the standards of the appeal.

Bolaksi's lawyer says he plans to request permission to appeal to the state Supreme Court.

Bolaski was convicted in the shooting of Vincent Tamburello Jr. The court reversed the decision in 2014 because evidence of Tamburello's mental health was excluded.

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