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.
Brown: Based conclusion that Soule was under the influence of drugs based on state crime lab report that said he had 1ng/ml of THC in system
Avignone: Are you comfortable using unconfirmed results in a report in a homicide case? Brown: Yes.
Avignone asking Brown how he concluded Soule caused crash while drunk. Brown said it's based on speed calculations, "occupant travel" within the vehicle, the fact that the crash occurred on straight section of highway with no bad road conditions.
Salvagni calls a break for lunch. Brown's testimony will continue this afternoon.
Court is back in session. Defense attorney Al Avignone will continue questioning Montana Highway Patrol Trooper Josh Brown.
Brown's report said that Jennifer was ejected through the sunroof of the vehicle.
Brown: Biological evidence found on the guardrail was never scientifically tested.
Brown's report said Soule was found by driver's side door after crash. But Avignone saying 1st witnesses on scene said he was near the front of the vehicle.
Brown's report says that Soule's shoe found on driver's side near accelerator. Avignone asks the trooper if it's possible forces of the crash could have sent the shoe from the passenger's side to the driver's side. "Possibly, depending on the circumstances."
Brown: Was told Soule was the suspected driver before Brown began investigating for his report.
Brown: You cannot take one piece of DNA evidence or any type of evidence and base seating positions on that.
Avignone: Jennifer's DNA found on driver's side airbag. Soule's DNA found on passenger's side airbag. Brown agrees.
Avignone: “You picked and chose what you wanted to choose (to include in your report) to make it look like Michael was driving.”
Avignone finished his direct questioning of Trooper Brown. Gallatin County Chief Deputy Attorney Eric Kitzmiller now up at the podium asking Brown questions.
Kitzmiller is asking Brown about his background & general questions on crash investigations.
Brown began his part of the crash investigation during the day following the crash, which occurred around 2 a.m. on Jan. 25, 2012.
Brown concluded vehicle was driving 91-100 mph at the time of crash.
Brown: Data from the truck indicated five seconds prior to the crash, vehicle was driving 102 mph.
Brown said he did not collect any items from the crash scene.
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.
Brown: Both Soule and Jennifer's DNA found on the driver's side airbag. But Jennifer's found on the back of the airbag.
After some objections from Avignone on Kitzmiller's line of questioning, Brown specifies. Jennifer's DNA was found on the back left side of the driver's side airbag.
Brown is off the witness stand. Avignone now calling Montana Highway Patrol Sgt. Patrick McCarthy.
McCarthy investigated the crash. Found a long, brown piece of hair on driver's door that was consistent w/ Jennifer's hair.
Avignone admits a copy of a photo to the judge that shows the driver's door with the hair attached to it.