Judge throws out evidence in pedestrian fatal case

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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.

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