Scerbo Evidence Questioned
By: Caroline Tucker
Updated: February 22, 2013
One of two people accused in the death of a Fairport teacher was in court Friday morning.
Mark Scerbo faces numerous charges including DWI and manslaughter.
But what statements and evidence will be allowed at his trial?
Mark Scerbo's attorney wants to get certain statements he made to Monroe County Sheriff's deputies thrown out, as well as a blood sample, that measured his blood alcohol content
Mark Scerbo and his girlfriend Megan Merkel are co-defendants in the death of teacher Heather Boyum.
Deputies say they both hit Boyum, who was riding her bike - Scerbo on a motorcycle and Merkel in an SUV.
In question is whether authorities got proper consent from Scerbo when they requested his blood to be drawn for alcohol levels.
Two hospital workers and a deputy testified Scerbo said yes and shook his head while in a hospital bed.
The defense is raising questions over pain medication given to Scerbo -- that could have left him confused.
Today, a nurse testified it was given after he consented.
"It's a very important part of the case, we do have two blood samples though. We have the blood sample that was the result of the police officers request and we also have blood sample that we obtained through a search warrant of the hospital," said Ray Benitez, Monroe County Assistant District Attorney.
Scerbo and Merkel are both expected back in court in March.
