Judge rules on Barkus motions

With a November court date looming, a Malta judge has denied a series of requests by state Sen. Greg Barkus, R-Kalispell, involving his trial on three felony charges.

District Judge John McKeon has ruled that evidence would not be excluded on the basis of what a defense attorney alleged was an illegal search and arrest of Barkus.

Barkus was at the helm of his boat in August 2009 when it crashed into the rocky shoreline of Flathead Lake at night, injuring Barkus, U.S. Rep. Denny Rehberg and three other people

McKeon, citing a lack of evidence presented by Barkus’ defense attorneys, also ruled against defense motions seeking a change of venue, the suppression of evidence and the dismissal of all charges.

Barkus has pleaded innocent to one count of criminal endangerment and two counts of negligent vehicular assault.

Flathead County prosecutors allege Barkus’ blood alcohol level was .16 — twice the legal limit — an hour and 45 minutes after the crash and .12 about four hours after the crash.

Barkus sustained a broken pelvis and other injuries in the crash. Also injured were Rehberg, his state director Dustin Frost, chief of staff Kristin Smith and Barkus’ wife, Kathy. Frost and Barkus received the most severe injuries.

The apparent effort to weaken the prosecution’s case ahead of the trial was not accompanied by any supporting material. The requests were made verbally during prior hearings.

Barkus has said he has no memory of the boat crash.

The veteran legislator was piloting his boat back toward Marina Cay, where Rehberg was staying, when it crashed into the steep shore along Wayfarers State Park about 10:20 p.m. on Aug. 27.

He told the Inter Lake last year that his last memory from the night of the crash was stepping into his boat after dinner at a Lakeside restaurant, then motoring across the lake back to the east shore.

Barkus and his attorney, Todd Glazier, both disputed the blood-alcohol level results, and Rehberg has said that Barkus did not appear to be intoxicated on the night of the crash.

Jury selection is scheduled to begin Nov. 29.

If convicted on all charges, Barkus could face up to 10 years in prison on each count and up to $70,000 in fines.

McKeon was appointed to preside over the case after Flathead County judges recused themselves and the appointment of other judges was challenged.

Glazier did not respond to a request for comment.

Reporter Eric Schwartz may be reached at 758-4441 or by e-mail at eschwartz@dailyinterlake.com.