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.
