Kitzmiller: The observations of the troopers in the hospital were made in plain view.
Kitzmiller: The ER is a chaotic environment, number of people coming and going. It should be expected there would be a free flow of conversations about the treatment of everyone.
Kitzmiller: There’s no reasonable expectation of privacy of that information.
Salvagni: Isn't the troopers' function there to gather evidence concerning this crash that happened? They did the implied consent advisory. They’re looking for evidence.
Banick moving on to the defense's third motion, which also asks the judge to toss evidence obtained as result of "warrantless arrest."
Banick: At that point, either Michael Soule or Jennifer Soule could have been the driver. Officers didn't know. They had no specific facts beyond a hunch who could have been the driver.
Kitzmiller: Reiterates that state doesn't believe Soule was arrested the night of the crash. So the defense can't challenge the evidence on that basis.
Banick addressing fourth motion, which asks for charge to be dismissed due to false statements, material omissions.
Banick: Affidavit didn't mention that Jennifer Soule's DNA was only found on driver's airbag when Michael's was on driver's & passenger's.
Banick: Affidavit also didn't mention the long, brown hair found on driver's side door.
Banick: Prosecutors can't prove who took Soule's blood draw & if that person was qualified.
Banick: The state failing to inform the court of that info justifies dismissing the case.
Banick: Investigators put blinders on and went after Mr. Soule w/out any evidence that he was the driver that night.
Kitzmiller concedes that former Gallatin County deputy attorney made a mistake when he put that Soule's BAC was .231 & that he tested positive for cocaine, marijuana.
The state crime lab report said Soule's BAC was 0.07 and had 1 ng/ml of marijuana in system but no cocaine.
Kitzmiller: Based on hospital lab manager's testimony yesterday, former Gallatin Co attorney who charged Soule "obviously made a mistake when he put that in the affidavit of probable cause."
Apologies, but I must take a break from the motions hearing to go to another hearing in another case. Will return when that hearing is done.
And I'm back in Judge Salvagni's courtroom where motions hearings in the Soule case are continuing.
Attorneys are discussing some motions specific to trial relating to jury selection.
Salvagni is asking attorneys to submit their proposed orders on the motions.
Salvagni gives attorneys a deadline to submit their proposals. He did not rule on any motions today. And with that, the hearing is done.