Attorney’s questioned almost 130 potential jurors since Monday. On Wednesday, state’s attorney David Gartenstein said a number of jurors were dismissed because they were acquainted with one of the 180 witnesses in the case, or because they had strong opinions on gun control issues. On Thursday, during the last round of jury selection, defense attorney Matt Harnett joked that he was going to create a new television show, "Survivor, Windham District Court. A number of people have already been voted off the island, and they’re not too upset about it."
After the jury was excused with instructions not to discuss or read about the case with anyone, Judge Karen Carroll ruled on motions heard Wednesday regarding the admissibility of defense witness testimony and evidence. Prosecutors asked the court to exclude testimony regarding incidents of violence and threats of violence involving the victim, George Riccitelli, as well as evidence of Riccitelli’s drug use prior to the shooting.
Carroll ruled that evidence pertaining to Riccitelli’s reputation was admissible, but that only specific instances of violent acts by Riccitelli would be allowed. Given the lack of precedence on the issue in Vermont, she said, "The Vermont Supreme Court might allow specific instances of conduct that the defendant might not be aware of, but are true instances of violence (witnesses) can testify about."
Threats of violence made by Riccitelli to various valley residents would not be admissible, she said.
Carroll also ruled that Riccitelli’s reputation as a drug dealer was not admissible. "That is not a character trait," she said.
Carroll ruled that testimony regarding allegations that Riccitelli shot a Wilmington man in a few years ago was inadmissible. Riccitelli was never charged in the shooting.
The court also ruled that testimony regarding Riccitelli’s mental health was "somewhat admissible." Carroll said that testimony regarding Riccitelli’s personality was admissible, although a clinical diagnosis is not admissible. "I think the ‘crazy George’ thing comes in," she says.
Opening arguments will begin Friday morning at 8:30 am.

