Rehberg, deputy chief out of hospital

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KALISPELL - Montana Congressman Denny Rehberg was released from a Kalispell hospital Monday morning, as was his deputy chief of staff, Kristin Smith, but Rehberg's state director, Dustin Frost, remains hospitalized with a "significant" head injury.

They are among five injured in a Thursday night boating accident on Flathead Lake. State Sen. Greg Barkus - the Kalispell Republican and Senate majority whip who was driving the powerboat when it crashed into the rocky shoreline near Bigfork - and his wife Kathy also remain hospitalized.

The investigation into the cause of the 10:20 p.m. accident continues.

Erik Iverson, a longtime Rehberg family friend and the congressman's former chief of staff, said Monday that Rehberg has been interviewed by both the Flathead County Sheriff's Office and the state Department of Fish, Wildlife and Parks, which has jurisdiction over Montana waterways.

"It is my understanding there are two independent investigations," he said, adding later that "I have no knowledge of any charges at all."

Flathead County Sheriff Mike Meehan said his office is "in the process of doing interviews, and processing the accident." He hoped to have that phase of the investigation complete by week's end, but added "a lot depends on the medical condition of the people involved."

Meehan's detectives also received initial assistance at the scene from local Montana Highway Patrol officers trained in crash reconstruction. Judy Beck, at the state Attorney General's Office, said her staff was not involved in any other capacity.

Iverson said Rehberg's blood alcohol content was tested in the emergency room following the accident, and registered 0.05 - well below the legal limit of 0.08. At no time, he said, was the congressman behind the wheel of the boat.

Barkus' BAC has not been released. In fact, Alison Howard, at the Flathead County Attorney's Office, confirmed that the information has not yet been shared with authorities.

"I'm sure they took blood from everybody," Meehan said, "but we're going to need to get a subpoena to get Mr. Barkus' BAC." He said that's a routine step in such cases.

That effort is already under way, he said.

Iverson and officials investigating the accident have so far said little about Barkus, who was driving the 24-foot speedboat, a 1998 Mirage.

State driver's license records show Barkus was convicted of reckless driving five years ago and has had two speeding convictions in the last nine years. Barkus' reckless driving conviction stemmed from a June 2004 event in Lake County. He was arrested by the Montana Highway Patrol.

The Granite County sheriff arrested him in August of 2000 for speeding. The Highway Patrol arrested him in Sanders County in December of 1998 for driving faster than the 55-mph nighttime speed limit.

All three convictions are misdemeanors. Barkus' record includes no felonies.

Iverson offered no word on the status of the Barkus family, saying only that they were in stable condition. Questions about their prognoses were directed to Barkus' attorney, who did not return phone calls from the Missoulian on Monday.

Iverson did confirm that both Rehberg and Smith were walking with the help of crutches.

"It's difficult at this point," Iverson said, "but he (Rehberg) is able to get around."

Rehberg underwent surgery last Friday afternoon for a severely broken left ankle, and doctors also treated a fracture to the bone around his right eye. Doctors have told the congressman to be on alert for any headaches or loss of appetite, but Iverson said no one expected any complications from the relatively minor head injury.

Smith is reported to have sustained numerous fractures and lacerations in the crash.

According to Iverson, Frost remains hospitalized with a severe head injury. Asked if Frost was conscious, Iverson said "not to my knowledge, no." On Saturday, hospital spokesman Jim Oliverson described Frost's head injury as "significant but survivable."

On Monday, Iverson said that Frost "is stable, and he is sedated, and doctors are monitoring the pressure on his brain closely. He added physicians and family are optimistic that Frost will recover. He has not, however, regained consciousness since the accident.

Staff at Kalispell Regional Medical Center routinely transfer serious or complicated cases to larger hospitals, but "at this point, the expectation is that he (Frost) will remain in Kalispell," Iverson said.

Iverson said Rehberg has been able to get back to work via his Blackberry, and with the swelling subsiding "he can see out of both eyes, now." The Republican lawmaker was scheduled to drive home to Billings on Monday with wife Jan, Iverson said, and will continue to consult with doctors before returning to D.C.

The congressman has been told to keep all weight off his left ankle for at least three weeks.

If Rehberg cannot return immediately to the Capitol, he can work from Billings, Iverson said, although he would not be allowed to cast House votes.

Iverson said he could not yet provide details of the events leading up to the crash, but a rudimentary outline is emerging. Barkus and his wife picked up Rehberg, Smith and Frost at Bigfork's Marina Cay Thursday evening, ferrying them by boat to dinner at The Docks, a waterfront restaurant in Lakeside.

They were returning to Bigfork shortly after 10 p.m. when the accident occurred. The late-night ride was chilly, Iverson said, and everyone was "hunkered down" against the cold wind.

Rehberg, he said, was in the "passenger" seat, to the left of Barkus. He was chatting with Kathy Barkus and Smith, Iverson said, while Frost sat toward the back of the boat.

Rehberg told Iverson that he remembers Smith saying something in alarm, "he turned around, and there was impact."

Rehberg, he said, remembers "looking up right before impact and realizing that land was imminent."

The boat launched well clear of the shoreline, coming to rest on steep rocks, and Smith, Iverson said, "thinks that she remembers being in the water at one point."

Investigators at FWP have said campers at Wayfarers State Park heard the crash from more than 100 yards away, and responded. One woman peeled the "shirt off her back" to help stanch blood from a cut on Smith's head, Iverson said.

Further details, he said, will have to await completion of the accident investigation.

Rehberg, just prior to his hospital release, issued a statement saying "Jan and I are very grateful for the overwhelming support and prayers we've received from around the country."

Several key lawmakers from both sides of the political aisle have called to check on his condition.

Rehberg also thanked "the excellent staff and administrators at Kalispell Regional Medical Center for the outstanding care I received. While it's good to be heading home, my thoughts and prayers remain with Dustin, Kristen, Greg, Kathy and their families."

State Bureau reporter Jennifer McKee contribued to this story.

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