Judge throws out evidence in pedestrian fatal case

Tools

By The Associated Press

Story Published: Mar 11, 2010 at 6:28 AM MST

Story Updated: Mar 11, 2010 at 6:28 AM MST

BOZEMAN - A district judge has ruled that Belgrade police violated a Bozeman woman's constitutional rights while investigating a crash that killed a woman who was walking home from work.

Lora Whitmore was 30 when she was charged with negligent vehicular homicide after 56-year-old Chong Suk Everett was struck and killed in November 2008.

Judge John Brown agreed with defense attorneys Wednesday that Whitmore's blood was forcibly drawn twice after the crash and that she was questioned without an attorney despite her request for one. He threw out some of the evidence that was gathered after the crash but denied a defense motion to dismiss the case entirely.

The trial is set to begin March 29.

Missoula

Icon
Current Temp 31.0 °F
Overcast
Wind : East at 15.0 MPH (13 KT)
Pressure : 1029.6 mb
Humidity : 61 %
More Weather

Butte

Icon
Current Temp 24.0 °F
Overcast
Wind : South at 8.1 MPH (7 KT)
Pressure : 1029.4 mb
Humidity : 75 %
More Weather

On Demand

Stock Quotes
This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.

Poll

Do you think Montana's DUI laws need to be tougher?

  • Yes
  • No

AP Video