Allen County Judge John Surbeck declined Tuesday to strike the testimony of a police captain who had read the emails before being called as a witness in the trial of David Bisard.
Surbeck also denied a request for a directed verdict by defense attorney John Kautzman after he argued the state failed to prove its case against Bisard.
Bisard is on trial for charges stemming from an August 2010 crash into two motorcycles that killed a man and seriously injured two other people.
Surbeck estimates the case will go to the jury for deliberations on Monday.