[B]URLINGTON – A Vermont judge rejected a mistrial request by an attorney for a man facing five counts of murder in wrong-way crash that killed five teenagers.
Robert Katims, Steven Bourgoin’s lawyer, argued Monday that prosecutors had failed to disclose key information relating to a witness who testified at the trial on Friday.
The prosecution countered that they had provided the information in question to the defense, putting a CD of an interview they conducted with that witness, Bourgoin’s ex-girlfriend Anila Lawrence, in an interoffice mail system to be delivered to defense counsel.
Also, Chittenden County State’s Attorney Sarah George said Monday in court that a statement from Lawrence that came as she closed her time of the witness stand had been disclosed “orally” to the defense by the prosecution shortly after Lawrence made it earlier this year.
Katims said in court that he never received the CD in the mail, and didn’t recall the conversation with the prosecution about the statement.
Judge Kevin Griffin, after taking a recess to consider the matter, returned to say he was allowing the trial to proceed.
“I am denying the defense motion for mistrial at this time,” the judge said.
At issue was a statement made by Lawrence as her testimony came to a close Friday.
“Is it correct that the only thing he ever really told you about what happened on Oct. 8, (2016), was that there were no wrong-way signs on the highway?” Chittenden County Deputy State’s Attorney Hardin asked her.
“Correct,” Lawrence replied.
Katims said in court Monday that when he heard it Friday it was the first time he was aware that Lawrence had information about a conversation she had with his client about the crash and the wrong-way signs.
Katims, after the judge Monday denied his motion for a mistrial, asked that the statement be “stricken from the record,” and not be brought up when questioning other witnesses in trial.
George, the prosecutor, did not object, and Judge Griffin granted that request from the defense attorney.
“I am striking that statement from the record,” the judge told the jurors shortly after they entered the courtroom. “That statement will not be part of the evidence.”
The motion for a mistrial came at the start of the second day of the defense case in Bourgoin’s trial. He is accused of driving the wrong way on the interstate and killing five central Vermont teenagers in October 2016.
The prosecution rested its case on Thursday, following four days of testimony that included police officers who responded to the crash scene on the interstate in Williston, motorists who drove up on the site, and crash reconstruction experts.
The defense has contended that Bourgoin was “legally insane” at the time of the crash.
The defense is expected to call expert witnesses to the stand Monday, including Dr. David Rosmarin, a Massachusetts forensic psychiatrist who has examined Bourgoin and determined he was insane at the time of the crash.
This story will be updated.
