BOLASKI TRIAL DAY 5   5-13-11

IT'S GETTING HARDER AND HARDER TO SLEEP AT NIGHT. EVERYDAY OF NEW TESTIMONY BRINGS NEW HEARTACHE. HEARING WHAT VINNIE WENT THROUGH ON THE LAST MOMENTS OF HIS LIFE IS SO HARD TO CONTINUOUSLY LISTEN TO. HEARING HOW EACH MOMENT WAS PLANNED TO BRING VINNIE HARM AND HOW ALL OF THIS COULD HAVE BEEN AVOIDED IS TOO MUCH TO BEAR. BLANCHARD'S TESTIMONY WAS A MOCKERY. A MOCKERY OF JUSTICE AND A MOCKERY OF VINNIE'S DEATH. HE WAS THE CATALYST TO ALL OF THE EVENTS WHICH TOOK PLACE. YET HE SHOWED ABSOLUTELY NO REMORSE FOR HIS RESPONSIBILITY IN BRINGING DEATH AND MISERY TO SO MANY.

THE JURY WENT TO MACKENZIE FIELD TODAY TO VIEW THE SCENE OF VINNIE'S MURDER. NEITHER THE PROSECUTION NOR THE DEFENSE CAN SAY ANYTHING TO THE JURORS. I'M ACTUALLY GLAD THAT THEY"LL BE GOING TO THE FIELD. THEY WILL SEE FIRST HAND THAT BOLASKI HAD MANY AVENUES OF ESCAPE. THEY'LL SEE THAT HE COULD HAVE RUN TO SAFETY BUT INSTEAD MADE THE DECISION TO GRAB HIS RIFLE AND SHOOT VINNIE. THEY WILL ALSO SEE HOW FAR THE GANG HAD TO WALK TO CONFRONT VINNIE. WE WERE TO BE AT THE COURTHOUSE AT 1:00PM. IT FELT GOOD TO GET A COUPLE OF EXTRA HOURS REST. WE ARRIVED AT THE COURT HOUSE AT 12:30PM. THE USUAL MARSHAL'S CONTINGENCY WAS THERE ALONG WITH SEVERAL SHERIFF'S.

TODAY JOHN WAS CALLING JERRY UCCI TO THE STAND. WE WERE ANXIOUS TO GET HIM UP THERE. HE WAS THE ONE WHO GOT VINNIE TO GO TO THE FIELD. HE WAS VERY BRAVE ON THE PHONE. BUT IN REALITY HE'S NOTHING BUT A BRAZEN LITTLE COWARD WHO STARTS TROUBLE AND THEN LET'S EVERYONE ELSE DO HIS FIGHTING FOR HIM. JOHN HAD BROUGHT OUT TROOPER VITALE'S TESTIMONY AND VIDEO THAT SHOWS JERRY UCCI GRAB TROOPER VITALE AND TELL HIM THAT KYLE HAD SHOT VINNIE ONCE IN THE LEG, PURSUED VINNIE AROUND THE VEHICLE AS HE WAS TRYING TO GET AWAY AND THEN SHOOT VINNIE IN THE BACK! THIS WAS ON THE TROOPER'S CRUISER CAM VIDEO AND IN A SWORN STATEMENT BY TROOPER VITALE. THIS WAS CRUCIAL TESTIMONY AGAINST KYLE. WOULD UCCI PERJURE HIMSELF AND DENY HE SAID THIS? WOULD HE ACTUALLY SAY THIS DIDN'T HAPPEN AND OPEN HIMSELF UP TO ACCESSORY CHARGES? WE WOULD SOON FIND OUT.

I WALKED DOWN TO THE CONFERENCE ROOM TO MEET WITH JOHN. I DIDN'T SEE UCCI IN THE WITNESS ROOM. OR ANYWHERE AROUND THE COURTHOUSE. I MET WITH JOHN AND GWEN AND WE WENT OVER THE STRATEGY FOR THE DAY. WE ENTERED THE COUTROOM AND TOOK OUR SEATS. THE JUDGE AND JURY CAME IN AND WERE SEATED. JERRY UCCI STILL WAS NOT PRESENT. WE WAITED BUT HE DIDN'T SHOW UP. JOHN ASKED THAT HE BE HELD IN CONTEMPT AND A WARRANT BE PUT ON HIM TO GET HIM TO THE COURT. JUDGE ZIMMERMAN WS RELUCTANT TO DO SO. JOHN SAID HE SPOKE WITH UCCI AND HE KNEW HE HAD TO BE THERE. HE CALLED HIM ON HIS CELL PHONE BUT UCCI DIDN'T ANSWER. HIS SISTER WAS IN THE COURT, SHE IS BOLASKI'S GIRLFRIEND, AND SAID SHE WOULD TRY TO GET HOLD OF HIM. JUDGE ZIMMERMAN GAVE HER THE OPPORTUNITY TO CONTACT UCCI AND GET HIM TO THE COURTHOUSE. SHE LEFT THE ROOM AND CAME BACK SEVERAL MINUTES LATER AND SAID UCCI WAS ON HIS WAY.

UCCI FINALLY SHOWED UP. FINALLY WE WOULD SEE THE PERSON WHO TALKED SO BRAZENLY ON THE PHONE TO VINNIE. WHO STATED HE WOULD FIGHT VINNIE ONE ON ONE AT THE FIELD. WE WOULD SEE THE COWARD WHO LURED VINNIE TO HIS DEATH! WHEN UCCI WALKED IN THE COURTROOM WE WERE TAKEN ABACK! WE WERE EXPECTING TO SEE THIS BIG LOUDMOUTH WALK THROUGH THE DOORS. INSTEAD A SMALL, MEEK LOOKING YOUNG KID WALKED IN. HE WAS A THIN GUY WHO YOU COULD KNOCK OVER WITH A STIFF BREEZE! VINNIE WOULD NEVER HAVE EVEN FOUGHT HIM. I COULD TELL HIS TYPE, THE INSOLENT,  LOUDMOUTH COWARD WHO WOULD START TROUBLE AND RUN AWAY AND LET OTHERS HANDLE HIS DIRTY WORK. MY BLOOD BEGAN TO BOIL. UCCI HAD NO INTENTION OF FIGHTING VINNIE ONE ON ONE. THIS WAS A SETUP START TO FINISH!  I WAS ENRAGED! TO KNOW THIS YOUNG COWARDLY PUNK DREW VINNIE TO THE FIELD AND THEN HID BEHIND THE OTHERS. BECAUSE OF HIM VINNIE WAS DEAD! I WAS ANXIOUS FOR JOHN TO GET HIM ON THE STAND.

AS UCCI TOOK HIS PLACE ON THE STAND HE STARTED AS THE OTHERS DID, WITH AN ARROGANT SMIRK ON HIS FACE. BUT HE WAS NOT BEING QUESTIONED BY SAND THIS TIME. SOON THAT SMIRK WOULD DISAPPEAR. REPLACED BY TEARS! JOHN ASKED HIM WHEN HE HAD FIRST HEARD THE DETAILS OF WHAT HAD OCCURRED WITH VINNIE. UCCI SAID IT WAS ON SUNDAY WHEN THEY PICKED BLANCHARD UP. JOHN ASKED HIM IF HE WAS SURE HE DID NOT HEAR ANYTHING ABOUT THE INCIDENT ON SATURDAY BEFORE THEY PICKED UP BLANCHARD. UCCI SAID THAT WAS THE FIRST TIME HE HEARD ANYTHING ABOUT THE INCIDENT WITH VINNIE. JOHN BROUGHT OUT UCCI'S FIRST STATEMENT AND TOLD HIM THAT IN HIS FIRST STATEMENT, TAKEN ON 8-17-11,  HE TOLD THE INVESTIGATOR THE ENTIRE SERIES OF EVENTS STARTING AT BLANCHARD'S HOUSE THE PREVIOUS NIGHT AND THAT HE HAD HEARD ABOUT THESE EVENTS PRIOR TO MEETING UP WITH BLANCHARD.

UCCI LOOKED LIKE A DEER CAUGHT IN HEADLIGHTS. HE SAID HE DIDN'T REMEMBER SAYING THAT. JOHN SHOWED UCCI THE TRANSCRIPT OF HIS INITIAL STATEMENT AND AGAIN ASKED IF HE NOW REMEMBERS SAYING THAT. HE STATED HE DOES REMEMBER BUT THAT IT WAS A MISTAKE. JOHN THEN ASKED UCCI IF HE REMEMBERS TELLING THE GRAND JURY THAT HE HAD A CONVERSATION WITH KYLE SATURDAY EVENING WHO HAD TOLD HIM OF THE INCIDENT BETWEEN VINNIE AND BLANCHARD AND THAT GIB HAD ACTUALLY CALLED KYLE SATURDAY NIGHT AND TOLD KYLE WHAT HAPPENED? UCCI WAS CAUGHT IN A LIE AND KNEW IT. HE SAID HE DIDN'T REMEMBER. JOHN THEN TOOK OUT HIS GRAND JURY STATEMENT AND SHOWED UCCI AND ASKED HIM IF THIS REFRESHED HIS MEMORY. UCCI SAID HE DIDN'T REMEMBER.

JOHN ALSO BROUGHT OUT UCCI'S DEPOSITION AND ASKED IF HE REMEMBERS TELLING JOHN THAT HE DIDN'T HEAR ANYTHING ABOUT THE INCIDENT UNTIL THEY PICKED UP BLANCHARD. HE SAID HE DIDN'T JOHN ALSO ASKED HIM IF HE REMEMBERS TESTIFYING IN HIS DEPOSITION THAT GIB HAD CALLED KYLE ON HIS PHONE BUT THAT ALL THEY HEARD WERE GIRLS SCREAMING AND THAT THERE WAS NO CONVERSATION BETWEEN GIB AND KYLE? UCCI SAID HE DIDN'T REMEMBER. JOHN SHOWED UCCI HIS TESTIMONY FROM THE DEPOSITION AND ASKED IF THAT REFRESHED HIS MEMORY. AGAIN UCCI SAID HE DIDN'T REMEMBER. JOHN ASKED UCCI WHAT THE TRUTH WAS.THAT HE HAD TOLD SEVERAL DIFFERENT STORIES AT EACH TESTIMONY. UCCI HAD BEEN CAUGHT IN SEVERAL LIES ALREADY AND HIS TESTIMONY HAD JUST BEGUN!

 JOHN ASKED HIM TO TELL THE JURY THE EVENTS OF AUGUST 17TH. UCCI STATED THAT HE SLEPT OVER KYLE'S HOUSE THE NIGHT BEFORE. HE SAID THEY WOKE UP AT AROUND 12PM ON SUNDAY. THAT THEY WERE SUPPOSED TO WORK FOR KYLE'S FATHER BUT DECIDED TO SLEEP IN. THIS CONTRADICTED KYLE'S GRAND JURY STATEMENT IN WHICH KYLE SAID THEY WOKE AT 9AM AND WORKED FOR HIS FATHER FOR SEVERAL HOURS. JOHN ASKED IF HE WAS SURE THEY SLEPT IN, THAT THEY DIDN'T DO ANY WORK. UCCI SAID HE WAS POSITIVE. THEY DIDN'T GET UP UNTIL AROUND NOON AND THEY DECIDED NOT TO WORK. UCCI SAID HE AND KYLE WENT OVER TO KYLE'S FATHER'S HOUSE AROUND 2:30PM AND MET UP WITH COREY WHO HAD JUST FINISHED WORKING WITH HIS FATHER. JOHN ASKED WHOSE CAR THEY WERE IN. UCCI SAID THEY WERE IN KYLE'S TRUCK. HE SAID THEY DECIDED TO DO SOME SCOUTING. HE SAID THEY ALL GOT IN KYLE'S TRUCK AND HEADED OUT TO POPPLE DUNGEON ROAD TO AN APPLE ORCHARD TO SCOUT FOR DEER.

JOHN ASKED HIM WHEN DEER HUNTING SEASON BEGINS. UCCI SAID IN OCTOBER. SO JOHN SAID TO HIM THAT HE WAS GOING SCOUTING IN AUGUST FOR THE SEASON BEGINNING I OCTOBER? UCCI SIAD THEY LIKE TO GO EARLY. JOHN ASKED IF THERE WERE ANY GUNS IN THE TRUCK. UCCI SAID THERE WAS A .22 RIFLE IN THE TRUCK. HE SAID THAT AS THEY WERE GOING TO THE ORCHARD TO SCOUT DEER. UCCI SAID THEY WENT IN TO THE ORCHARD AND DROVE AROUND FOR A WHILE  AND AT ONE POINT KYLE HAD GOTTEN OUT AND FIRED THE RIFLE AT A TREE OR STUMP OR SOMETHING. JOHN ASKED HIM IF HE WAS SURE THAT KYLE HAD FIRED THE RIFLE. UCCI SAID HE WAS SURE. JOHN PULLED OUT UCCI'S GRAND JURY STATEMENT. AS HE DID YOU COULD SEE UCCI'S FACE GO FLUSH. HE KNEW WHAT WAS COMING. JOHN ASKED UCCI IF HE REMEMBERS MAKING THE STATEMENT THAT NO ONE GOT OUT OF THE TRUCK AND NO ONE FIRED THE RIFLE AT ALL. UCCI SHUFFLED IN HIS SEAT AND LOOKED VERY UNCOMFORTABLE. UCCI SAID HE DIDN'T REMEMBER SAYING THAT.

 JOHN SHOWED HIM HIS STATEMENT AND ASKED IF THAT REFRESHED HIS MEMORY OF HIM SAYING THAT KYLE DID NOT FIRE THE RIFLE. HE SAID HE COULDN'T REMEMBER. "IN YOUR TESTIMONY, JUST A COUPLE OF MONTHS AFTER THE INCIDENT, YOU SAID NO ONE GOT OUT OF THE TRUCK AND NO ONE FIRED THE RIFLE! THEN 3 YEARS LATER YOU SAY HE FIRED THE RIFLE AT A TREE OR SOMETHING. ARE YOU TRYING TO GET US TO BELIEVE THAT YOUR MEMORY IS BETTER 3 YEARS LATER THAN IT WAS SOON AFTER THE INCIDENT?" UCCI HAD NO ANSWER! HE WAS CAUGHT LYING ONCE AGAIN! I REMEMBER THINKING TO MYSELF: HOW CAN THESE GUYS BE SO STUPID TO KEEP LYING? THEY MUST KNOW THEY WERE RECORDED! PERJURY IS A SERIOUS OFFENSE. ESPECIALLY IN A MURDER CASE. DON'T THEY KNOW THAT THEY CAN BE CHARGED WITH A NUMBER OF CHARGES? ARE THESE GUYS REALLY THAT COCKY? OR ARE THEY CONFIDENT THAT THEY WILL NOT BE CHARGED FOR LYING? AND IF THEY ARE, WHY? IS THERE SOMETHING GOING ON BEHIND THE SCENES THAT WE'RE NOT AWARE OF? CHANGING THEIR STORIES SO OBVIOUSLY, SO MANY TIMES IS AN OPEN INVITATION FOR PERJURY AMONG OTHER CHARGES. THEIR LIES ARE SO BLATANT THAT VERMONT CAN'T IGNORE THEM WITHOUT SOME COLLUSION ON THEIR PART.

UCCI WAS OBVIOUSLY VERY FLUSTERED. HIS WHOLE TESTIMONY WAS A COMPLETE LIE AND HE KNEW HE WASN'T FOOLING ANYONE. THE SMIRK ON HIS FACE WAS GONE. HIS COCKINESS REPLACED BY INSECURITY. UCCI CONTINUED, SAYING KYLE RECEIVED A CALL FROM HIS MOTHER TELLING HIM THAT SHE WAS CLOSING THE STORE AND THAT HE HAD TO GET HIS DOG. IN HIS GRAND JURY TESTIMONY UCCI SAID THE DOG WAS AT KYLE'S APARTMENT NOT THE MOTHER'S STORE. HE SAID IT WAS ABOUT 4:30PM. HE SAID THEY WENT BACK TO KYLE'S APARTMENT, WHICH WAS ABOVE HIS MOTHER'S STORE. UCCI SAID WHILE THERE THEY DECIDED TO GET INTO COREY'S TRUCK. JOHN ASKED HIM WHY THEY SWITCHED TO COREY'S TRUCK. HE SAID COREY WAS COMPLAINING THAT HE WAS CRAMPED IN THE BACK. JOHN ASKED IF THERE WAS ANY ALCOHOL OR DRUGS IN THE TRUCK. UCCI SAID HE AND KYLE HAD A COUPLE OF BEERS AND THAT THERE WAS A BOTTLE OF VODKA IN THE TRUCK. HE ALSO SAID HE HAD SOME MARIJUANA ON HIM AND THAT HE AND KYLE HAD DRANK A COUPLE OF BEERS.

UCCI SAID THEY ALL GOT IN COREY'S TRUCK AND DROVE AWAY TO GO SCOUTING. HE SAID AS THEY WERE GOING UP TREBOW ROAD TO GO TO THE ORCHARD KYLE RECEIVED A CALL FROM TRISTAN BLANCHARD. JOHN STOPPED HIM THERE AND ASKED IF HE WAS SURE KYLE HAD RECEIVED THE CALL FROM BLANCHARD. UCCI SAID HE WAS SURE. JOHN BROUGHT OUT UCCI'S GRAND JURY STATEMENT AND ASKED HIM IF HE REMEMBERED TESTIFYING THAT KYLE HAD CALLED TRISTAN! UCCI WAS BECOMING VERY UNNERVED. HE SAID HE DIDN'T REMEMBER SAYING THAT. JOHN SHOWED HIM HIS TESTIMONY AND ASKED IF THAT REFRESHED HIS MEMORY. DOES HE NOW REMEMBER SAYING THAT KYLE CALLED BLANCHARD. UCCI WAS STAMMERING AND STUTTERING. JOHN HAD HIM TWISTING IN HIS OWN WORDS. UCCI COULDN'T DENY IT, THOUGH HE TRIED. THE PROBLEM WITH LYING IS YOU ALWAYS HAVE TO LIE AGAIN TO COVER YOUR LIES. THAT'S WHAT HAPPENED WITH BLANCHARD AND NOW UCCI. AS IT WILL BE WITH ALL OF THEM. THEY LIE SO MUCH THAT THEY COULDN'T REMEMBER THEIR LAST LIES IN THEIR PREVIOUS STATEMENTS. BUT EVERYTHING WAS RECORDED AND RECORDERS DON'T LIE.

JOHN ASKED UCCI WHAT WAS THE NEXT THING HE REMEMBERED. HE SAID TRISTAN TOLD KYLE THAT HE HAD GOTTEN INTO AN ARGUMENT WITH A GUY THE NIGHT BEFORE AND NOW THE GUY WAS DRIVING BY HIS HOUSE AND THAT HE WAS SCARED AND CRYING ON THE PHONE. UCCI SAID COREY SUGGESTED GOING TO PICK BLANCHARD UP SO THEY TURNED AROUND AND HEADED TO BLANCHARD'S. JOHN ASKED HIM IF HE REMEMBERED STATING IN THE GRAND JURY THAT IT WAS KYLE THAT TOLD COREY TO TURN AROUND AND PICK UP TRISTAN. HE SAID HE DOESN'T REMEMBER. HE SAID WHEN THEY GOT TO BLANCHARD'S HOUSE HE  WAS OUTSIDE PACING BACK AND FORTH. HE SAID BLANCHARD WAS TERRIFIED, SHAKING AND CRYING. HE SAID BLANCHARD GOT IN THE TRUCK AND TOLD THEM OF THE EVENTS OF THE PREVIOUS NIGHT. JOHN ASKED UCCI WHY THEY DIDN'T TAKE THE GIRLS WITH THEM. WHY DID THEY LEAVE THEM THERE AND JUST TAKE BLANCHARD. UCCI DIDN'T HAVE AN ANSWER.

UCCI SAID THEY WERE JUST DRIVING AROUND TRYING TO CALM BLANCHARD DOWN BECAUSE HE WAS CRYING AND SHAKING. UCCI SAID THAT AS THEY WERE DRIVING AROUND TRISTAN GOT A PHONE CALL AND THAT IT WAS VINNIE. JOHN ASKED HIM IF HE WAS SURE THAT VINNIE CALLED TRISTAN'S PHONE. UCCI SAID HE WAS POSITIVE. JOHN BROUGHT OUT THE GRAND JURY STATEMENT AND THE PHONE RECORDS. HE ASKED UCCI IF HE REMEMBERED TESTIFYING UNDER OATH THAT HE GOT TRISTAN'S PHONE AND THAT HE CALLED VINNIE TO TRY TO SETTLE THINGS? UCCI WAS VISIBLY SHAKING NOW. HE SAID HE COULDN'T REMEMBER SO JOHN SHOWED HIM HIS TESTIMONY AND ASKED IF HE NOW REMEMBERS. UCCI DIDN'T ANSWER RIGHT AWAY. THEN JOHN SHOWED HIM THE PHONE RECORDS WHERE IT SHOWED THAT THE CALLS WERE FROM TRISTAN'S PHONE TO KIRBY'S PHONE! THAT VINNIE DID NOT CALL TRISTAN'S PHONE. "DO YOU STILL SAY VINNIE CALLED YOU?" JOHN ASKED.  "DO THESE REFRESH YOUR MEMORY THAT YOU ACTUALLY CALLED KIRBY'S PHONE LOOKING FOR VINNIE? THAT YOU INSTIGATED THESE PHONE CALLS?"

THAT WAS IT FOR UCCI. HE BROKE DOWN AND STARTED BAWLING HIS EYES OUT! HE WAS CAUGHT IN A DOZEN LIES AND DID WHAT EVERY COWARD DOES WHEN CAUGHT, HE CRIED! THIS BIG BRAVE PERSON WHO LURED VINNIE TO THE FIELD UNDER THE PRETENSE OF FIGHTING HIM, LURED HIM TO HIS DEATH, CRIED LIKE A BABY! JOHN BACKED OFF HIS QUESTIONING. THEN JUDGE ZIMMERMAN HALTED PROCEEDINGS FOR THE DAY. UCCI GOT OFF THE STAND AND WALKED OUT OF THE COURTROOM WIPING HIS TEARS AWAY.

(END DAY 5)

 

(DAY 6: JERRY UCCI-TIM ARBUCKLE-JORDAN EBELT-CHRISTINA MORGAN-COREY BOLASKI)





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