Barkus hearing canceled

A hearing scheduled this morning on suppressing evidence of Greg Barkus' blood-alcohol level at the time of an Aug. 27 boat crash has been canceled.

Barkus was piloting the boat that crashed on the rocks at Wayfarers State Park on Flathead Lake, injuring him and four passengers.

District Court Judge William Nels Swandal on Thursday had the hearing vacated at the prosecution's request, according to the Flathead County Attorney's Office.

Swandal, of Livingston, was enlisted to preside over legal proceedings involving Barkus, a Kalispell state senator, after Flathead County's three District Court judges removed themselves from the case because of their relationships with the veteran legislator.

Prosecutors moved to cancel the suppression hearing after filing papers dismissing the investigative subpoena used to obtain Barkus' blood-alcohol level. That negated Barkus' challenge to evidence obtained through the subpoena.

Investigators had sought lab reports and a blood sample taken from Barkus for medical reasons while he was being treated at Kalispell Regional Medical Center following the crash.

But the prosecution obtained Barkus' blood-alcohol level from another source, allowing prosecutors to proceed with the case despite the challenge to the investigative subpoena, Flathead County Attorney Ed Corrigan said.

Forensic analysis of the blood sample was completed by an out-of-state laboratory in mid-September, according to Judy Beck, a spokeswoman for the state Attorney General's Office.

The sample was submitted to a private lab in Pennsylvania to avoid any appearance of conflict within the state crime lab in Missoula, which is run by a state representative who served with Barkus in the Legislature.

Thursday's cancellation of the suppression hearing is the latest in a series of sealed legal maneuvers not considered public record.

Before removing herself from the case, Flathead County District Court Judge Katherine R. Curtis signed an order Sept. 9 maintaining the confidentiality of Barkus' medical records.

Court records and investigators' findings in the crash won't become public information until charges are filed - if any charges are filed.

Corrigan has said investigators believe Barkus had been drinking prior to the night-time crash. Authorities believe the boat was traveling at 40 mph when it crashed into the rocky shore.

Barkus suffered a fractured pelvis from the crash, as well as a couple of fractured ribs, a possible hairline fracture in his right ankle and cuts on his legs.

Also injured in the boat crash were Barkus' wife, Kathy; U.S. Rep. Denny Rehberg; and two Rehberg staffers, Dustin Frost and Kristin Smith.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com