Violent acts, not threats, ruled admissible in trial
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By Susan Smallheer STAFF WRITER - Published: June 19, 2009
BRATTLEBORO – District Judge Karen R. Carroll ruled Thursday that acts of violence by murder victim George Riccitelli could be admitted as evidence in the trial of his alleged murderer, but not the threats of violence he had made.
The attorney for David Boglioli, 60, of Wilmington, had tried to have a long list of threats and violent acts Riccitelli, 51, also of Wilmington, had made against various people in the Deerfield River Valley over the years, admissible to paint a picture of self-defense.
The judge said that evidence about "Crazy George," as he was known in the valley, could be admitted, but not specific medical information about any medical condition he was rumored to have suffered from. The judge listed about six acts of violence that could be admitted as evidence, including an attack Riccitelli made on his brother's home with a bow and arrow.
But the judge said that results from the toxicology report on Riccitelli could be admitted, but only if expert witnesses can put the information into context, such as how the drugs would have affected his behavior.
Boglioli admits he shot and killed Riccitelli last August in their Greenwich Road neighborhood, but he claims the shooting was an act of self-defense, which came after years of harassment and threats of violence against himself and others. Boglioli bought the alleged murder weapon, a Ruger handgun, two years earlier because of Riccitelli, his lawyer has claimed.
Boglioli, whom his attorney described as a recluse, has been held at Springfield prison since the shooting.
Carroll issued her ruling from the bench, after defense attorney Matthew Harnett and Windham County Deputy State's Attorney David Gartenstein had finally agreed on a jury and three alternates for the second-degree murder trial. Jury selection took four days, and 21 new potential jurors were summoned to Brattleboro District Court Thursday morning for potential service after the initial jury pool of 98 people was exhausted.
Both Harnett, a Rutland attorney, and Gartenstein said that people's views of guns, and in particular handguns, was the key hurdle in selecting a jury, as well as people's views of people who use marijuana and cocaine, and grow marijuana.
Riccitelli allegedly grew marijuana and evidence is expected to show that he had smoked marijuana the morning he was shot in the heart by Boglioli, who was taking his trash to the neighborhood's trash bin when the confrontation took place.
Carroll noted there wasn't clear Vermont case law on the issue of what could be admitted as evidence in order to define Riccitelli's character, but she said she was relying on cases from Arkansas and Texas on the issue. One thing was clear, she said, that only acts of violence, and not threats, could be admitted as evidence.
Harnett had sought permission to have people testify about threats Riccitelli had made against them and their homes or farms.
Boglioli is free to take the stand and say what he knew about Riccitelli's reputation for violence, she said, in order to convey his state of mind at the time of the shooting. Boglioli said Riccitelli threatened him with an axe handle that morning and that was why he shot him; police said Riccitelli was unarmed, but an axe handle was found in the nearby trash bin.
Harnett wouldn't comment on whether Boglioli would take the stand during his trial.
Opening arguments in the case, which is expected to last at least two weeks and call close to 100 witnesses, are set for this morning in Brattleboro District Court.
susan.smallheer@rutlandherald.com