In a motion hearing Friday, a Dane County judge still refused to throw out the blood alcohol test of a former bishop charged in a fatal hit-and-run crash. The judge also told the state they cannot use the field sobriety test as evidence when the trial begins in early May.

The crash happened on April 7, 2013, in which former Lutheran bishop, Bruce Burnside is charged with homicide by intoxicated use of a vehicle and four other counts in the death of Maureen Mengelt. The 52-year-old Sun Prairie woman was out for an afternoon jog when she was struck.

We spoke with Kevin Mengelt, Maureen's husband, after the motion hearing. He says, "I just hoped with it being Good Friday, being a day of penance, penance might be served, but I guess I have to wait a little longer to find out."