Delay seen as likely in Barkus trial
The defense and prosecution have both asked for a delay in the trial of state Sen. Greg Barkus on three felonies in regard to a spectacular August boating accident.
The trial was initially set for April, but a motion filed Monday by Flathead County Attorney Ed Corrigan would extend the deadline for filing a report from an accident-reconstruction expert until June 1, making the earlier trial date impossible.
Barkus, R-Kalispell, has pleaded not guilty to one count of criminal endangerment and two of negligent vehicular assault in connection with an Aug. 27 accident on Flathead Lake during which he and wife, Kathy; U.S. Rep. Denny Rehberg; and two Rehberg staffers, Kristin Smith and Dustin Frost, were injured.
During a December omnibus hearing, Phillips County District Judge John McKeon ordered prosecutors to provide the defense with a copy of a report from accident-reconstruction expert Miles Beam by Feb. 2.
But according to the prosecution motion, Beam could not complete his investigation and report on time because he lives in North Carolina and was unable to visit the crash scene “until late March or April when his business will allow him the time to travel and the weather conditions around the lake are more suitable for his examination.”
Corrigan told the Inter Lake Wednesday that Beam’s report “will help us to better understand the dynamics of the boat crash.”
The trial date was set for April 5 by McKeon, who wound up on the case after local district judges recused themselves because of their prior work with Barkus on legislative matters.
At the December hearing, Glazier said he would challenge the way investigators obtained evidence and said he wanted both blood evidence and witness remarks suppressed and the trial moved out of town. He also requested that the case be dismissed. Glazier was given until Friday, Feb. 5, to submit motions, but when asked by the Inter Lake if he planned to file any motions by then, Glazier said, “not really.”
A defense motion was filed on Jan. 27, however, asking for a later trial date. That motion stated, “the reason for the continuance is that the parties are working on resolving this matter without the need for a trial.” The motion also mentioned the delay required for Beam’s review and stated that a new trial date could be set “if we cannot reach an agreement.”
Neither Glazier nor Corrigan would comment on the issue of a pre-trial settlement.
Barkus, 62, could face a maximum of 30 years in prison if convicted on all counts.