The judge is considering whether to toss the linchpin of the state's case against Donald Jessamine.
A witness recalled to the stand in the trial over a fatal 2012 boat crash may have raised more questions.
The defense for 65-year-old Donald Jessamine asked that the court exclude testimony about Jessamine's breath test and blood alcohol content based on new testimony Wednesday afternoon from the New Jersey State trooper who tested him.
The test -- which showed Jessamine had a .09 BAC several hours after the June 23, 2012, crash on the Delaware River -- was previously described by Judge Bruce Jones as the "linchpin of the entire case." Without it, expert testimony that extrapolated Jessamine had a BAC between .15 and .22 at the time of the crash would be useless, severely undermining the state's case against Jessamine on a second-degree vehicular homicide charge.
A first-degree aggravated manslaughter charge was dismissed Tuesday by the judge due to a lack of evidence. Some lesser vehicular charges still remain.
Jessamine, of Phillipsburg, is accused of being intoxicated when he drove a jet boat into a rock near a bridge in Harmony Township, sending him, 57-year-old Lane Alden and another passenger into the water. Alden's body was found five days later several miles downriver. She died of blunt force trauma.
Both sides rested Wednesday after Jessamine took the stand. But Warren County Prosecutor Richard Burke in the afternoon recalled one of his first witnesses to rebut Jessamine's testimony about the breath test.
Trooper Jimmy Cruz said he observed Jessamine in a holding cell for 20 minutes through an open door, speaking to him and filling out forms before giving him the Alcotest. Jessamine had said the door was closed and the trooper had not spoken to him.
Defendant testifies in boat death trial
Jessamine's attorney, Michael Priarone, sought to raise doubts among the jurors. He asked the trooper how he was able to simultaneously fill out forms and watch Jessamine for something like burping, which could throw off the breath test results.
"It's beyond imagination that somebody could both closely observe the defendant ... and read those documents," Priarone told Judge Jones after the jury was excused for the day, adding it was "unreasonable" to submit it to jurors.
"It's an interesting argument," the judge said. A decision is expected Thursday morning.
The prosecutor said that an appeal may be necessary Thursday depending on the judge's decision.
If there are no appeals, the jury is expected to begin deliberations after both sides present their closing statements.
Steve Novak may be reached at snovak@lehighvalleylive.com. Follow him on Twitter @type2supernovak. Find lehighvalleylive.com on Facebook.