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Boat pilot's medical records sealed for now

| September 16, 2009 12:00 AM

The Daily Inter Lake

The medical records of Greg Barkus will remain sealed until Flathead County prosecutors reach a decision about whether to charge the veteran Republican legislator in connection with an Aug. 27 boat crash on Flathead Lake that injured five people.

Flathead County Attorney Ed Corrigan has said investigators believe Barkus, who was driving the boat, had been drinking that night.

Prosecutors already have subpoenaed lab reports and a blood sample taken from Barkus for medical reasons while he was being treated at the hospital following the crash.

"[District Court Judge Katherine R.] Curtis issued an order maintaining the confidentiality of Senator Barkus' medical records unless and until charges are filed," Flathead County District Court Administrator Bonnie Olson said Tuesday. "But no other orders concerning disclosure of information about any ongoing investigation have been issued by this court."

Who requested the order, which was signed Sept. 9, is protected under the state's confidential criminal justice information statute, Olson said.

Corrigan told the Inter Lake on Sept. 4 that his office would not comment further on the case until a decision about whether to file charges had been made.

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

Frost and Greg Barkus were the most seriously injured when the boat crashed into rocks at Wayfarers State Park.