The trial of Kalispell state Sen. Greg Barkus for three felony charges stemming from a Flathead Lake boat crash is scheduled for April 5, 2010 – but that’s if the trial happens at all.
At a pretrial hearing Monday morning at the Flathead County Justice Center, Barkus’ attorney, Todd Glazier, said he intended to file motions to dismiss the charges, and should that not occur, will also file motions to suppress evidence gathered in the prosecution’s investigation, like blood samples, and to move the trial to a different venue. Barkus, 62, was not present.
The hearing was presided over by District Judge John McKeon via videoconference from Malta, in Phillips County. The three Flathead district judges removed themselves from the case because they had worked with Barkus previously on legislation.
Barkus, a Republican and the state Senate Majority Whip, has pleaded not guilty to one count of criminal endangerment and two counts of negligent vehicular assault following an Aug. 27 boat crash onto the rocky shoreline of Wayfarers State Park. The crash injured all five passengers, including U.S. Rep. Denny Rehberg, R-Mont., and two of his staff members as the group returned from a dinner at The Docks restaurant in Lakeside.
Prosecutors say Barkus’ blood alcohol content was 0.16, twice the legal limit when taken nearly two hours after the crash – figures disputed by Glazier. At Monday’s pretrial hearing, Glazier told McKeon he was alleging that Barkus’ blood sample, taken at Kalispell Regional Medical Center, as well as his medical report from the incident were illegally obtained by investigators. If convicted on all counts, Barkus faces a maximum penalty of 30 years in prison.
Glazier also plans to file a motion to close any future pretrial hearings to the public, and that the motion itself could be sealed. Flathead County Attorney Ed Corrigan, representing the prosecution, said he opposed that measure.
McKeon asked to be briefed on all these motions by Feb. 5, 2010. Corrigan would then have two weeks to file a response brief. Glazier would then have to file his response brief by Feb. 26. McKeon plans to travel to Kalispell for an evidentiary hearing on all these motions scheduled for March 19 at 1 p.m. Glazier said he required about three hours to present the evidence in support of his motions, and Corrigan said he would need roughly the same amount of time.
Corrigan also discussed his intention to bring several expert witnesses to testify in what would be a five-day trial, including an accident reconstruction specialist, some of the technicians who conducted the blood testing on Barkus’ sample and the doctor who treated Barkus the night of the crash. Glazier said whether he would employ his own accident reconstruction specialist would depend on the report produced by Corrigan’s expert. McKeon ordered Corrigan to turn over the report to Glazier when it is completed, within the next 45 days.
As for the possibility of a plea agreement, Corrigan told the judge, “There have been some discussions, your Honor, but no resolutions.”
Both Glazier and Corrigan agreed a large jury pool would need to be called if the case goes to trial, with McKeon setting the number at 60 potential jurors.