Good morning from #Gallatin Co. District Court. Today is a motions hearing for Michael Soule, #Belgrade Liquor owner charged w/ killing wife in alcohol-related crash in 2012.
Soule's hearing is scheduled before Judge Mike Salvagni for 2 full days. Today's hearing is slated to start at 9 a.m.
Long: Error code would be produced if there was something wrong w/ blood sample. No error code from Soule's blood test that said his BAC was 0.231.
Long: That specimen was tested at about 2:30 a.m. Result came shortly before 3 a.m.
Kitzmiller: Is there anything from records that would cause you to question reliability of Soule's 0.231 BAC result? Long: No.
Kitzmiller: Is it unusual for blood sample to be received at lab not indicating who took the sample? Long: Yes. Kitzmiller: In 2012? Long: Not as unusual as it is now.
Long: From the laboratory’s point of view, confident the label on the blood specimen we received said Michael Soule.
Kitzmiller finishes his questioning of Long. Avignone back up for re-direct questioning.
After a couple of short questions, Avignone ends his questions of Long. Kitzmiller back up.
Long is done on the witness stand. Avignone now calls Montana Highway Patrol Trooper Glen Barcus.
Barcus was one of the troopers who investigated Soule's crash in 2012.
Barcus: Dispatched to Bozeman Deaconess Hospital to investigate the suspected driver of the crash that killed one person.
Barcus: Soule was in the ER at the time. Found him because trauma room was wide open. "There was no searching him out."
Avignone: Nobody in the ER ever said, “What are you doing here?” Barcus: No sir.
Avignone showing Barcus a Montana Highway Patrol incident report prepared by Sgt. Patrick McCarthy.
Avignone: Remember seeing an injury of Soule’s left shoulder? Barcus: No, sir. Avignone: Remember photos being taken of Soule’s left shoulder? Barcus: No, sir.
Barcus: Was at ER to obtain a blood draw of suspected driver and possibly perform an interview if that was available, there hour and a half.
Barcus: Due to Soule's injuries, couldn't have access to him for blood sample or to interview him.
Barcus: Soule was conscious when Barcus first got to ER. "I could hear him yelling and speaking to medical staff."
Avignone: Did you have permission to be in ER from Soule, ER staff or Soule's family? Barcus: No, sir.
Barcus said he did not have a search warrant.
Barcus said he overheard in the ER that Soule's BAC was 0.231.
There was a bit of a sidetrack there. Attorneys were arguing whether Barcus could testify what he overheard in ER. Salvagni ruled he could.
While in the trauma room, Barcus also observed Soule's pulse rate after seeing it on a monitor.
Barcus: No troopers ever handcuffed Soule while Soule was in the ER. Never his intent to place Soule under arrest at that time.
As an aside, there are 10 other people in the courtroom watching today's hearing.
Barcus: Did not interrogate anyone while in the ER the night of the crash.
Attorneys are finished questioning Barcus. Avignone now calling Montana Highway Patrol Trooper Josh Brown to the witness stand.
Avignone questioning Brown, who performed crash reconstruction in Soule crash, on his education, asking if he has formal education in physics or engineering.
In crash that killed Jennifer Soule, Brown said he interviewed witnesses, took measurements at crash scene, helped serve search warrant on vehicle.
Brown's report concluded Soule was under the influence of drugs, alcohol night of the crash.
Avignone now going over DUIs laws with Brown and what they deem as legally intoxicated.
Avignone: Soule's .07 BAC test result not enough to say he was legally intoxicate? Brown: Not in and of itself, no.
Kitzmiller is questioning Brown about his interview with one of the first witnesses on the scene of the crash.
The witness, according to transcript Brown is reading, said she found Soule at the front of the vehicle, but then says she was not sure.
Brown first saw the truck after it had already been moved from the crash scene to an indoor storage area.
Brown and a Montana Crime Lab employee processed the inside of the truck.
Brown assisted in packaging and logging items from inside of the truck for evidence.
Brown did not observe a long, brown hair that was seen by another trooper on the driver's side door.
Brown is going over a number of witness interviews that were either recorded & the recordings are missing, or that weren't recorded at all.
Kitzmiller: Why do you believe Soule was driver? Brown: Based on the physical evidence & the crash accident investigation & reconstruction.
Good morning from #Gallatin Co. District Court. Today is a motions hearing for Michael Soule, #Belgrade Liquor owner charged w/ killing wife in alcohol-related crash in 2012.