Posted at: 02/22/2013 7:36 AM
Updated at: 02/22/2013 8:16 PM
Can statements police took while investigating the death of a Fairport teacher be used at trial? That's the argument a judge heard in the case of Mark Scerbo.
A judge is also considering if Scerbo's agreement to a blood test can be used as evidence. He is charged with DWI and manslaughter.
Police say he hit Heather Boyum with his motorcycle on July 29 while she was riding her bike on Route 250 in Penfield. Boyum was then hit by another vehicle that police say was driven by Megan Merkel. Merkel is charged with vehicular manslaughter.
A judge will make a decision on March 11.