12-05-08 MEETING WITH SAND

The following is the conversation with Sand. The wording may not be exact but the context is.

PRESENT ARE MYSELF, RONNI, TERRY  AND AL TITCOMB, ADVOCATES FOR PARENTS OF MURDERED CHILDREN. WE HAVE KNOWN TERRY AND AL ALL OF OUR LIVES. THEIR KIDS GREW UP WITH OUR KIDS. THEIR OWN SON WAS MURDERED 15 YEARS AGO. THERE WAS SAND, PAM WEIGEL AND SAND'S ASSISTANT. WE WALKED INTO A SMALL ROOM. HE SEEMED NERVOUS.

THE FIRST THING SAND SAID TO US WAS, "VINNIE REALLY OVER REACTED! " WE WERE FLOORED BY THAT REMARK. HOW DARE HE MAKE A STATEMENT LIKE THAT! HE WAS SETTING US UP FOR THE STORY HE WOULD BE TELLING US.  I SAID "WHAT DO YOU MEAN VINNIE OVERREACTED. WHAT ABOUT THE MEN THAT SHOT 4-5 TIMES AT HIM IN AN OPEN FIELD WITH WOMEN AND CHILDREN AROUND AND SHOT HIM IN THE BACK, THEN CALLOUSLY BEAT HIM? WHAT ABOUT THOSE MEN? THEY WERE THE ONE'S THAT OVERREACTED! HE DID NOT DESERVE TO DIE FOR BEATING A TRUCK!"

HE DID NOT ANSWER. JUST CONTINUED TO SET UP THE SLIDE PROJECTOR. SAND SHOWED US A PICTURE, THAT WAS HAND DRAWN, OF  THE POSITIONS OF THE VEHICLES, AND PEOPLE ON THE FIELD.  IT LOOKED LIKE A PICTURE THAT A KID HAD DRAWN! NOT AT ALL PROFESSIONAL. HE ALSO HAD A PICTURE OF THE RIFLE WITH A BROKEN STOCK. SAND TOLD US THE BALLISTICS STILL WERE NOT IN. I ASKED HIM WHY HOLD THE GRAND JURY IF ALL THE EVIDENCE WAS NOT YET BACK? HE DID NOT ANSWER!

THE FOLLOWING IS THE CONVERSATION WITH SAND. ACCORDING TO SAND THIS WAS FROM THE GRAND JURY. I HAD THE ORIGINAL STATEMENTS THAT WERE TAKEN IMMEDIATELY FOLLOWING THE INCIDENT. I READ THEM SO MANY TIMES THAT IF THEY CHANGED THEIR STATEMENTS I WOULD KNOW:

  (Throughout the entire meeting Sand constantly referred to the killer as "Kyle", not the defendant, or Mr. Bolaski. Kyle said this or Kyle said that, Kyle said this happened, Kyle said that happened! Cory said this, Cory said that. Very chummy, as if they were long friends, not defendants in a murder case! It just did not seem right.)

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DA: When Vinnie showed up at the field with Julie and Kirby, the group of men consisting of Kyle, Cory, Blanchard, Jordan and Arbuckle plus several other men and girls, started yelling that they were going to kick Vinnie's ass and to come down and fight. Vinnie did not get out of the car so they started advancing toward him. there were about 6-10 people. Vinnie then got out of the car and flicked a taser to keep them back but they continued to advance. Arbuckle told Vinnie to come down to him and he would shove that up his ass. When Vinnie saw them coming to the car he got out the awl and chased them to the park.

V: This is what was said at the grand jury, right?  Let me ask you this:
V: Did Vinnie initiate first contact?
DA: NO.
V: Did Vinnie advance to them first?
DA: NO
V: So Vinnie did not get out of the car until a group of them started advancing toward the car with him and his fiancé in it, And they threatened Vinnie 1st and then advanced toward him in a threatening manner.
DA: Yes.
V: So it can be assumed that Vinnie got out of the car to protect his fiancé?
DA: You could. Yes.
VT: So if they did not approach Vinnie he may not have even got out of the car and chased them.
DA: It's possible.
VT; Did you bring that to the jury’s attention?
DA: No. 
DA: Vinnie pulled out the axe and went running after the group that was advancing toward them. He ran all the way to Kyle’s truck and as Kyle tried to get in the truck the doors were locked and he slipped and fell.
VT: But it wasn't an axe, it was an awl. I hope you didn't refer to it as an axe to the jury. That would just inflame them. Did you? ( Sand does not answer)
VT: Didn’t Vinnie stop at one person and did not harm him?
DA: Not that I recall.
VT: In Ucci’s statement he states that Vinnie came within 3’ of Jordan and told her that he could hurt her if he really wanted to. And I sent you an e-mail stating that fact and stressed for you to let the jury know. I received a reply from Pam W. saying you got the information.
DA: I don’t recall. 
DA: According to Kyle, as Vinnie got near Kyle he swung the awl at him and missed Kyle by inches. Kyle then ran around to the other side of the truck and Vinnie started beating the truck.
V: But Bob, No where in anyone’s initial first statements, even Kyle’s, do they say Vinnie took a swing at Kyle. They all say that he just started beating the truck. As Kyle was on the other side. Did you stress that to the jury?
DA: No.
VT: Why didn’t you bring out all these lies? They are all changing their stories.
DA: Yeah, they all backed off their original stories when they got on the stand!
RT: Wait, you mean they changed their stories from their original statements right there on the stand?
DA: Yes.
VT: Well, if you know that why didn’t you bring them out in front of the jury and discredit them? They committed perjury.
TT: Mr. Sand, they committed perjury and you knew. You could have discredited them all, right then! Or get them for lying. Why didn't you?
VT: You should have stopped them right there and discredited them! Why didn't you?
DA: THAT'S NOT MY JOB!!
VT: What? Not your job? You can't be serious!
RA: What do you mean? They are doing exactly what you said you wanted them to do!
DA: Let me continue. Kyle said Vinnie was beating the drivers side of the truck. Kyle ran around to the passenger’s side but the doors were also locked so he called for Cory to come back and open the door. Cory ran back and opened the door electronically.
V: You mean that Kyle was on the passenger’s side waiting for Cory to open the doors.
DA: Yes.
V: Did Vinnie at any time try to go around the truck and hit Kyle?
DA: No.
V: So Kyle was not in any danger at that time? He could have run away?
DA: Probably.
V: Did you point that out to the jury? Stress that fact? So far the only thing Vinnie hurt was the truck.
DA: No.
V: No? Geez Bob, What were you doing out there? You were supposed to be helping Vinnie instead you’re helping the defense. What’s going on? Everyone ran except Kyle who in a rage wanted to get the gun, the gun that was purposely brought there from the house, specifically to shoot Vinnie! He did not answer.
AT: It's obvious he shot Vinnie in a rage for what Vin did to his truck. He loved that truck. He just got it and was enraged seeing it damaged. So he shot him!
DA: Kyle got the rifle out of the truck, the clip out of the glove box and put it in the gun. He ran to the front driver’s side of the truck and Vinnie was toward the back. Kyle said Vinnie advanced toward him and when he didn’t stop he shot one shot into his leg.
VT: Bob, even that first shot was not self defense. Vinnie did not go after Bolaski, he went at Vinnie! Kyle chose not to run and became the aggressor. He deliberately shot Vinnie because he was in a rage. You can’t see that?
DA: (He did not reply.)
V: Whose side are you on? You’re supposed to be helping us not them. What are you doing? They could have called the police. But instead they took the law into their own hands. What are you doing??
DA: I’m doing my job!
V:  This is your job? helping the defense? What's going on here Bob?
DA: Let me continue. Kyle said Vinnie ran around another truck that was parked next to Kyle’s and stopped toward the back of the truck between both trucks. (points to the drawing) Cory had run to the truck and got the other rifle. Now Vinnie is at the back between both trucks, Kyle said he is at the front of his truck and Cory is at the front of the other truck. Cory said he shoots anywhere between 2 to 5 shots at Vinnie and then ran away. He throws the rifle in the back of a pickup truck. Kyle said that Vinnie was running toward them at full speed so Kyle shot Vinnie again. When Vinnie fell he went over to him and beat him with the rifle butt in the left side of his face and Arbuckle began to kick and stomp Vinnie.
V: Now wait a minute Bob, Kyle said Vinnie ran around the truck and then ran at Cory? Vinnie was shot. With a high powered rifle. He couldn't run at all! Then Kyle says that Vinnie was running toward Cory then he shot him, but, according to Cory, he had already run away. He wasn't even there. Didn't you see this? You had to. Did you say anything to the jury?
DA: No.
V: No? Why not? Kyle said Vinnie was running toward them, but he was shot in the back! There was no way that happened like he said. You must have known that! The coroner said Vinnie was shot straight in the back!
DA: Kyle said Vinnie ran at Cory.
V: Kyle said? But the evidence says different. Why are you taking this killer's word over the evidence? How far away were they from Vinnie?
DA: I don’t know.
V: You don't know? You mean no one took measurements?
DA: Not that I know of.
V: You’ve got to be kidding. No one took measurements and you’re taking the word of a murderer and perjurer of the instances that happened rather than the evidence. This is unbelievable! OK, going by your chart, you say they were at the front of each truck so is it safe to say Kyle is about 30’ away and Cory about 25’-30’ away?
DA You can say that.
 V: And Kyle says that he shot Vinnie as he ran toward Cory?
DA: That is correct.
V: Where was Vinnie found?
DA: Lying toward the back of the truck.
V: Well, how could he have shot Vinnie in the back at that angle unless Vinnie walked backwards towards them? Vinnie was at least 30' away. It is obvious that Vinnie tried to run and Kyle Gunned him down in cold blood! How could you not see this Bob? It is so obvious. All you had to do is show the jury in this way. He shot Vinnie in a rage because he wrecked his truck. You're allowing them to change their statements! How could you do this? Why didn’t you show them this and all the other lies and discrepancies and discredit them? Like you're supposed to do?
DA: That’s not my job!
V: Not your job!? I don’t believe you said that. You are supposed to help the victim not the killer.
DA: I don’t represent Vinnie and I don’t  represent  you!
V: You don't represent the victim? Who do you represent then?
 DA: Justice.
V: Whose justice the defendant’s?
Ronni: And what about the people on the field? These guys were firing rifles in an open area where there are families with women and children. Some one of them could have been killed! Don’t you care about them?
DA: I don’t represent them.
V: You don't represent the people either? Well, if you don’t represent the victim, the family or even the people of Vermont who do you represent?
DA; I represent the county!
V: So the county wants the murderers to go free? You have plenty of evidence to bring this to trial. Why won’t you do it?
DA; I am not bringing it to trial.
At one point Sand said  “ Vinnie strikes me as a person who does not start trouble but won’t back down from it!”
V: If you feel that way did you tell that to the GJ?
DA: No I didn’t.
V: What the hell did you do in there? You didn’t help Vinnie at all!!
DA: I don’t represent Vinnie and I don’t represent you and neither does Pam Weigel. She is not your advocate.
V: You mean Pam, as the witness advocate does not represent us either?
DA: That's right. Hire your own lawyer.
V: So Vinnie had no representation at all! This whole thing was bagged from the start! You never intended this to go to trial, did you?
He did not answer. There was frustration in his face. he did not expect this line of questioning from us. We tripped him up on everything he said.
At one point Sand’s assistant, a young kid, sensing Sand is caught like a deer in headlights,  said, "What if Vinnie  was walking in a baseball stance toward them?"
V: “Did anyone say that he was walking in a baseball stance? Was that mentioned in the Grand Jury? The shot went through the back, not the side!”
He said no, it was not mentioned!
V: Then why are you making up things to help this killer?? Something is very wrong here. Bob, what the hell is going on? You guys are helping the killer now?? You're making excuses for him?
Sand did not reply. He didn't have any answers.
V: So you’re saying that the coroner was wrong, that she was lying, that it was not a homicide?
DA: No, it was definitely a homicide!
V: What?? If you feel that way you can bring Kyle and the other guys right to trial. There is plenty of evidence that this was a murder of rage. Kyle killed Vinnie because Vinnie beat his precious truck that he loved so much! That is so obvious. That should not be a death sentence. They should have called the police!
DA: I won't insult the jury by bringing this back.
V: You don’t want to insult the jury?? I can’t believe you just said that! Even if you believe they’re wrong? What about Vinnie? Are you just going to let his murderer go unpunished? You took an oath!
 DA: I am not trying him again. That’s it.
 
At this point I was so furious I walked out. His actions are deplorable! His conduct is despicable. NEVER AT ANY TIME DID SAND MENTION WHAT ANY OTHER WITNESSES HAD SAID. ONLY WHAT "KYLE" AND "CORY" SAID! There were 20 witnesses! What did they say?
Terry told him he should represent the victim not the killer. He again told Terry and Al that neither he nor Pam Weigel represent us and for us to hire our own attorney! 
Terry Titcomb asked Sand if they had at least taken forensics of Arbuckle's shoes.Sand replied: “THIS ISN’T CSI!”
Ronni, Terry and Al then left the office.
 
We were horrified! This man deliberately aided the defendants! Allowed them to lie and perjure themselves! Stared us straight in the face and deceived us and allowed the slaughter of my son! And then tried to justify it!!  
In the Bolaski's original statements they said the guns were always in the truck. But Tristan Blanchard said that they stopped at Bolaski's house and put the guns in the truck then went to the field! So they changed their story to match Blanchard's and Sand let them, even aided them! 
 
Commander Tom L’esprance and Captain Ed Ledo came to my house and in that conversation said they gave Sand a foot thick case file that had enough evidence to convict K. Bolaski for 2nd degree murder! More on that conversation later.
 
Sand said that Det. Jenkins was my advocate now so I thought I would call and see. On 1-20-09 I called Jenkins. This is the conversation: 
V: Sand said you are my advocate? Are you our advocate?
J: No. I am not your advocate. I don't know why he would say that. We don't do that.
V: Sand said he and Pam W. are no longer our advocate. That you were and now you say you aren't. So Vinnie has no representation at all! The killers have more representation than our son.
J; I don't know why he said that.
V: Let me ask you this, Sand said he did not know the distances of where Vinnie was shot. Were any distances taken between the shooter's and where Vinnie lay?
J: No.
V: None were taken? Well, were any ballistics taken to show direction of bullets, anything? 
J: No.
V: So there was no investigation done?  Why not.
J; It would have been too difficult with so many witnesses.
V: You can't be serious. What exactly was done?
J; Mapped off the area, took photos and questioned people.
V: That's all that was done for a murder?
V: Were any drug tests done on the suspects?
J: No.
V: Why not?
J: (No answer)
V: Why was no one arrested for shooting the rifles in an area that was occupied with women and children?
J; That was up to Sand. Even so they would only be charged with reckless endangerment! So why bother?
V; They still should have been charged! Why was no one arrested for lying on the stand?
J; Up to Sand.
V;  Were there any shell casings found?
J: Yes. One was found on the path and one found in front of the truck.
V: Well, couldn't some measurements been taken from where the shell casings were and where Vinnie lay?
J: Yes but they may not be exact.
V: According to the drawing that Sand had he said they were exact. Where did he get those measurements?
J: From Kyle Bolaski.
V: So Sand went by Bolaski and not by any evidence?
J: (no answer)
V: Do you believe that Bolaski is guilty?
J: Not for me to say. I just give the evidence of the case to Sand.
V; So there was enough evidence for a probable cause of 2nd degree murder?
J: For probable cause, yes.
J: I give it to Sand and then he deals with it.
V: Okay, thanks. Goodbye.
J: Bye.
This is getting worse by the minute. No investigation done, for a murder? This was too hard to believe.
. We did not think it could get any worse. How wrong we were...





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