There is just one moon and one golden sun

by: Yellowstone Kelly

Wed Mar 17, 2010 at 11:10:56 AM MST

Dustin Frost is managing Nels Swandal's campaign for the Montana Supreme Court?

Swandal was the original judge assigned to preside over the case involving allegations that State Senator Greg Barkus - yes, a Republican from Kalispell - after all of the judges in Flathead County recused themselves because they had exchange political favors with Greg.

You might recall that last fall Barkus launched his boat on the rocky edifices just south of Bigfork after a night drinking across the Flathead Lake in Lakeside.

Everyone on board suffered severe injuries, but Dustin Frost is lucky to be alive.

Swandal was taken off the case after his ties with, including campaign contributions to, Republicans in every walk of life were revealed.

Frost, fortunately recovered and went back to work with Rehberg several months ago.

Now. Barkus's attorney is using every trick up his sleeve to delay and dicker to save Greg from donning prison issue and spending time in Deer Lodge. Given the machinations between the GOP and those who preside over the criminal justice system, coupled with normal amount of judicial intrigue with political big shots, Barkus might just beat the rap.

Had Swandal remained on the case, resulting from alleged negligence that almost took Dustin Frost's life, he would be in the midst of the maneuvering behind the scenes.

Instead, Swandal is off the case and an announced candidate for the high court.

And, Frost, who is a bright and capable fellow, now leads Swandal's campaign.

Go figure. What are the odds?

Or, is this simply a coincidence?

What next? Swandal wins (God forbid). Rehberg runs for Governor in 2012 and wins (OMG!). Frost selected as chief of staff.

And, Barkus?

Appointed to chauffeur Denny around after hours.

Links...

by: Jay Stevens

Fri Oct 09, 2009 at 10:22:56 AM MST

Just when you thought the issues around the Flathead Lake Boat Crash couldn't get any more asinine, they do.

James Conner has the details of that night's incident - apparently Barkus thought he was heading in the opposite direction than he actually was, and was pulling a u-turn at 45 mph in the dark in treacherous waters when he struck the lake bank. Dan Testa, too, has a good roundup of that night's events - two scotches and an unknown amount of red and white wine for Barkus. Just the thing for a chilly night out on the lake.

Now Barkus' lawyer is challenging the .16 BAC results - which, I know, is his right to do and probably a smart legal maneuver. But Barkus is also planning on finishing out his Senate term, as if nothing's happened here, as if he hadn't just boozed up and almost killed himself and four others on Flathead Lake.

The crash was a good sign he's got a problem, eh? I mean, for most of us, this would be a kind of, I dunno, a wake-up call, wouldn't it?

That's the way I'd see it if it were me. I'd be apologizing my *ss off to the friends and family of those I injured through my loathsome behavior, I'd cooperate with the authorities and plea bargain my way into a just punishment, resign my public office because of the deficiency of my character, and I'd check myself into a rehab clinic, ASAP. I mean, wouldn't most people feel some remorse, and want to repent and work to rehabilitate themselves?

Instead, Barkus is still out there, still a drunk, and, probably as soon as he's walking again, back behind the wheel. And he'll be passing laws over you. So much for personal responsibility.

*  *  *

As always, there's plenty of news from Hardin.

The Billings Gazette got its hands on the "memorandum of understanding" between Hardin and the APF - which it had to get by court order, apparently because it's pretty embarrassing to Hardin officials - that revealed the city did have an agreement with Hilton's company to have the APF supply Hardin with a police force for $250K. The contract toned the language down, but the memo certainly explains the Hardin Police Force decals on APF SUVs.

Naturally, with all the furor over these SUVs, Hardin is looking to start its own police force.

But the American Police Force takeover of the Hardin jail only looks dead. While Hardin put the deal with APF on hold after revelations of Michael Hilton's checkered past, a mysterious APF investor stepped forward (anonymously, of course) and noted the firm would still pursue the Hardin jail contract, only without "Captain" Michael Hilton on board.

Whee!

Barkus' BAC was .16 an hour after boat wreck

by: Jay Stevens

Wed Oct 07, 2009 at 11:56:45 AM MST

Montana State Senator Greg Barkus has officially been charged with three felonies in connection with the August 27th boat crash that injured Montana Congressman Dennis Rehberg and four others.

A judge signed the motion Wednesday morning which calls for Barkus to be charged with criminal endangerment and two counts of negligent vehicular assault, which are a result of the injuries sustained by Congressman Dennis Rehberg and staffer Dustin Frost.

Records show that the hospital blood alcohol sample drawn from Barkus an hour and 45 minutes after the crash was .16. The other sample, which was taken four hours after the accident by Montana Fish, Wildlife and Parks officials registered .12.

Different people process alcohol at different rates. But by any standard, a BAC of .16 is drunk.

In the know zone:

BAC = .12-.15 = Vomiting usually occurs, unless this level is reached slowly or a person has developed a tolerance to alcohol. Drinkers are drowsy.

Drinkers display emotional instability, loss of critical judgment, impairment of perception, memory, and comprehension.

Lack of sensor-motor coordination and impaired balance are typical. Decreased sensory responses and increased reaction times develop. The vision is significantly impaired, including limited ability to see detail, peripheral vision, and slower glare recovery.

Obviously Barkus was unfit to drive a boat, at night, at excessive speeds, and in treacherous waters. I'm glad he's being charged with felonies, and I hope he's punished to the fullest extent of the law.

And because Barkus was drunk, and excessively so, it is fair to question Dennis Rehberg's judgment -- not for climbing in a boat with someone who was obviously drunk, which simply makes him a fool -- but for bringing two staffers with him, which made him accountable for their safety.

Some very, very bad decisions were made that night, and those on the boat almost paid for those decisions with their lives. Justice, in Barkus' case, seems be in motion.

He wants to be forgotten, even by God

by: Yellowstone Kelly

Mon Oct 05, 2009 at 06:05:13 AM MST

Didn't you hear? It's not a good idea to drink and drive. It's poor judgment to be at the controls of anything moving while impaired.

Let alone a high-powered, luxury speedboat.

In the dark.

On one of the most treacherous sections of Flathead Lake.

Going over 40 miles per hour.

Using GPS.

With four passengers onboard.

OK, you did it. No. You did them all. Just how impaired you were is open to question.

Hearing all of this, a stone sober observer might say incredulously, "And, you're trying to tell me he wasn't drunk?"

Our Congressman took the offense and made his BAC available immediately. Erik Iverson, who mysteriously surfaced within a matter of hours after the crash, saw to that. After all, the best defense is a good offense. Get the BAC out there; get it sullied, and then argue against its admissibility as evidence in court.

We can all speculate about woulda, coulda, shoulda with Denny's BAC at the time of the accident. (He was not legally impaired at the time the BAC was taken, several hours after the accident. And, if he was, well, the law seems to absolve him of any responsibility.)

But, his BAC is not a secret.

Evidently, you feel yours should be private. Sort of a private understanding with you and your barkeep.

While there have been no charges filed, your attorney, Todd Glazier, is nonetheless moving to suppress everything. And, like rats abandoning a sinking ship (or, power boat), public officials in Flathead County elected to investigate, prosecute and adjudicate are scurrying for cover.

"Recuse" me?

Barkus asks for hearing to suppress evidence

by: Jay Stevens

Thu Oct 01, 2009 at 10:01:39 AM MST

But there is a hearing on whether to suppress evidence in the case:

Helena attorney Mike Meloy, who has successfully argued several high-profile cases dealing with access to public records, said holding a suppression hearing before any charges have been filed is "very unusual."

"I've never heard of it being filed before some criminal charges have been filed," Meloy said. "It's not only unusual but I don't understand how it can happen."

The hearing was requested by Barkus' attorney, Todd Glazier.

Is Barkus receiving preferential treatment?

Flathead judges recuse themselves from Barkus "case"

by: Jay Stevens

Tue Sep 22, 2009 at 06:20:35 AM MST

Er...there's no case!

And weren't Barkus' BAC results supposed to have reached Montana by now? I was, you know, joking when I suggested they were coming by horse...wasn't I? Or are the results protected by Judge Curtis' gag order?

The real news, then, will come when Flathead County officials announce that they're charging Barkus or not. And you have think, with the delay and judges scrambling to get out of the way, maybe - just maybe! - charges are coming... But who knows? I sure don't.  

Barkus BAC results ready! But delayed...

by: Jay Stevens

Thu Sep 17, 2009 at 10:29:13 AM MST

The forensic analysis of state Sen. Greg Barkus' blood samples was completed Wednesday by an out-of-state lab and should arrive in Flathead County by the end of this week, said Judy Beck, a spokeswoman for the state Attorney General's Office....

The lab, National Medical Services, sent the findings back to Missoula for an administrative review, Beck said, and the results were then postmarked in certified mail and sent to the Flathead County sheriff and county attorney.

Apparently they're shipping out the results by Pony Express.

There's this thing, this device, that's probably right at your elbow - or, if you've got one of the new-fangled kind, right in your pocket! - and it's called a "telephone"...

And expect on Friday to hear that the Flathead authorities need to wait until their official test-results reader is back from vacation, which will be Tuesday or Wednesday of next week, before they can open the envelope. That is, if the results aren't thrown out for being "overly partisan."

"A veil of secrecy..."

by: Jay Stevens

Wed Sep 16, 2009 at 05:55:05 AM MST

Now it's going to be even longer before the public finds out more details, because District Judge Katherine Curtis reportedly has sealed all information in the case and told the sheriff and chief prosecutor to stop talking.

Why?

This is the kind of case that people want to know about. Cloaking it in a veil of secrecy only creates an environment in which rumors and charges of cover-up can flourish.

Gag order update

by: Jay Stevens

Tue Sep 15, 2009 at 20:32:58 PM MST

According to Curtis, the gag order pertains only to Barkus' medical records, specifically his BAC.

But still...why is Flathead Country Attorney Ed Corrigan claiming he can't talk about the case at all? And is the gag order may not be constitutional. And who requested the gag order? Everybody's pointing fingers at high-placed "friends" of Barkus, but it could be an insurance company, too.

I'll be curious to see how this all plays out...

Gag order issued on Flathead Lake Boat Crash

by: Jay Stevens

Tue Sep 15, 2009 at 06:16:06 AM MST

A Flathead County judge has ordered the county sheriff and county prosecutor to stop talking about the investigation into state Sen. Greg Barkus.

Barkus was operating the boat that crashed on Flathead Lake on Aug. 27, injuring all five on board, including U.S. Rep. Denny Rehberg.

County Attorney Ed Corrigan has said investigators were looking into drinking by Barkus that night.

Monday, Corrigan told KCFW-TV that he could no longer discuss the investigation. The District Court administrator says all information in the case is sealed by order of Judge Katherine Curtis unless or until any charges are filed against Barkus.

Barkus' attorney, Todd Glazier, says he doesn't know anything about the order.

Why issue a gag order -- when Barkus' own attorney never asked for one? Typically, gag orders are issue to avoid corrupting a potential juror pool -- but Judge Curtis said the case would be unsealed if charges are filed. Gag orders are also issued to protect confidential or classified information -- but does anyone here think that, somehow, the boat crash was a matter of national security?

Pogie:

I have to wonder whether Judge Katherine Curtis routinely issues gag orders for every criminal investigation in Flathead County, especially without the attorney for the investigative target asking for one...

Wulfgar!:

Judge Curtis has issued a gag-order about the case.  No reporting; no public view; no honesty.  This didn't even come from Barkus's lawyer; that dipstick knew nothing about it.  But I'll bet that Rehberg's lawyer knew about it.  Anybody in authority want to check a phone record or two?  This is about covering Barkus's ass, nothing more and nothing less.  Rehberg's Mini-Me laid the ground work with his strong defense knowing full well that they all would be obligated to defending Barkus such that Denny wouldn't look more like the tool he is.  And thanks to Curtis, that's exactly what they are going to get.

So Greg Barkus gets preferential treatment from the court system. Look, if you want to avoid accusations of cover-ups, don't cover up the case.

And where's the outrage now about "activist judges"?

Bob Brigham asks questions

by: Jay Stevens

Mon Sep 07, 2009 at 20:37:32 PM MST

Intriguing, eh? Either Frost and Smith were on the clock and deserve workman's comp - and Rehberg's in a mess o' trouble - or else they just got on a boat with a drunk and are going to be paying a lot out-of-pocket for medical expenses and future increased premiums. (And Frost's on the hook for 25 percent of all his medical costs.)

The answer to this question will tell us a lot about how much Dennis Rehberg was responsible for Frost and Smith getting on a boat with Greg Barkus, who had been drinking...

Update: Dustin Frost has regained consciousness! Great news...

Barkus was drinking

by: Jay Stevens

Fri Sep 04, 2009 at 10:12:27 AM MST

The Flathead County attorney says state Sen. Greg Barkus was drinking the night of the boat crash that severely injured U.S. Rep. Denny Rehberg and three other passengers.

Authorities are awaiting results of blood tests from the state crime lab, and delivery of Barkus' medical records before determining whether to file charges. County Attorney Ed Corrigan has said he is weighing felony charges.

I expect -- and hope -- that, if the authorities find Barkus' BAC exceeded the legal limit at the time of the crash, he will be prosecuted to the fullest extent of the law.

You know, I wouldn't be surprised if everybody on that boat were drunk. That's the nature of political events. There's usually a good deal of drinking going on.

That said, you've got to wonder why there was no viable plan to cross the lake that didn't involved a boozed-up boat driver. It's one thing to climb into a boat with a drunk driver on your own time; it's another altogether to bring along people that work for you while you're on a work errand.