Benware

This conversation caused Dumke significant concern and at 9: 51 p.m., she called the Kalispell Police Department (KPD), asking that they conduct a “welfare check” on Benware.

The Volokh Conspiracy » Error to Introduce Evidence of Defendant’s Intimate Relationship as Evidence of Motive to Lie for Covering for Her Lover? 2010

Miller and Dumke remained at the bar but Dumke grew concerned about Benware and called to check on her.

The Volokh Conspiracy » Error to Introduce Evidence of Defendant’s Intimate Relationship as Evidence of Motive to Lie for Covering for Her Lover? 2010

Dumke explained that Benware, a lawful gun owner, was “playing” with her gun and was very upset.

The Volokh Conspiracy » Error to Introduce Evidence of Defendant’s Intimate Relationship as Evidence of Motive to Lie for Covering for Her Lover? 2010

Once the neighbor informed the cops that Benware left her residence and was not home, her car was gone, what more was KPD to do other than call of the “welfare check”.

The Volokh Conspiracy » Error to Introduce Evidence of Defendant’s Intimate Relationship as Evidence of Motive to Lie for Covering for Her Lover? 2010

Oh, did anyone mention that Benware was never arrested for DUI or any other offense, nothing was placed in her work file, and she was placed right back on duty.

The Volokh Conspiracy » Error to Introduce Evidence of Defendant’s Intimate Relationship as Evidence of Motive to Lie for Covering for Her Lover? 2010

This accident occurred approximately 12 minutes before Miller told the KPD dispatcher that Benware was at the bar withher.

The Volokh Conspiracy » Error to Introduce Evidence of Defendant’s Intimate Relationship as Evidence of Motive to Lie for Covering for Her Lover? 2010

Dumke explained that Benware, a lawful gun owner, was “playing” with her gun and was veryupset.

The Volokh Conspiracy » Error to Introduce Evidence of Defendant’s Intimate Relationship as Evidence of Motive to Lie for Covering for Her Lover? 2010

She also asserted that the Trial Court abused its discretion in allowing Benware to be treated as a “hostile” witness without a preliminary showing of hostility.

The Volokh Conspiracy » Error to Introduce Evidence of Defendant’s Intimate Relationship as Evidence of Motive to Lie for Covering for Her Lover? 2010

Miller never stated that Benware was at the bar, this was taken out of context.

The Volokh Conspiracy » Error to Introduce Evidence of Defendant’s Intimate Relationship as Evidence of Motive to Lie for Covering for Her Lover? 2010

After several drinks, Benware threw a beer bottle at Miller and was evicted by the barkeep for disorderly behavior.

The Volokh Conspiracy » Error to Introduce Evidence of Defendant’s Intimate Relationship as Evidence of Motive to Lie for Covering for Her Lover? 2010