FRANKLIN — Day four of the homicide by motor vehicle case against Paul Morrisroe was filled with stops and starts, as attorneys for the defense and prosecution argued over testimony regarding Morrisroe’s alleged intoxication the night of the fatal hit-and-run crash that claimed the life of Dakota Heinaman.

At the beginning of the day, McKean County President Judge John Pavlock addressed both sides before the jury entered the courtroom. Regarding an issue that arose Thursday about using location information from cell phone records, the judge said, “It is my understanding they will be calling experts and that may resolve the issue.”

When the jury was seated, Cpl. Ted Race of the Marienville barracks of state police was called to the stand. Under questioning from Assistant District Attorney Mike Alfieri, Race explained he trains other officers on recognizing indicators of intoxication and driving under the influence of alcohol, and on field sobriety testing.

He explained he was called to the Kane barracks about 5 a.m. June 3, 2015, and asked to evaluate Morrisroe, who had declined blood alcohol testing. Morrisroe was read his rights, and declined to be interviewed.

“I just sat on the bench … right next to him … and spoke with him about his business,” Race said. “He had an odor of alcoholic beverages emanating from his person.” His eyes were glassy and his speech was slurred, Race said.

“He basically smelled like a day-old drunk,” the trooper said.

Pavlock called a halt to the proceedings, sent the jury out and called the attorneys into his chambers. The jury was brought back after about 15 minutes. When the judge returned about 30 minutes after that, he addressed the jury, explaining Morrisroe — or anyone — has the Constitutional right to deny making any statement whatsoever, and the jury could not consider that.

Defense attorney Robert Kinnear then cross-examined the trooper. “Would it surprise you that (Morrisroe’s blood alcohol content) was zero?”

Race replied, “Yes it would. I did observe those signs and that is my testimony.”

Next to the stand was Trooper Andy Dalton, now based in DuBois but formerly stationed in Kane. Under questioning from Alfieri, Dalton explained that he and another trooper he was training at the time were the ones who took Morrisroe to Bradford Regional Medical Center for blood alcohol testing after a warrant was obtained to compel it. He explained the process by which blood is drawn in a criminal case. He began to testify, and a 10-minute recess was called.

When court reconvened, his testimony continued, only to be interrupted again for a brief “sidebar,” where the attorneys speak to the judge out of the hearing range of the jury.

Alfieri asked what Dalton’s role was in collecting evidence from Heinaman. The trooper began to speak, saying he had gone to Hollenbeck-Cahill Funeral Home to collect the clothing Heinaman had been wearing. Kinnear asked for another sidebar, and the attorneys spent about two minutes before starting up again.

Dalton said he collected the clothing and gave it to a patrolman from the Troop C forensics unit from Punxsutawney. Next to the stand were the phlebotomist who drew Morrisroe’s blood, and the lab supervisor from BRMC. Both confirmed the process by which blood is taken and sent to NMS Lab.

After a 10-minute break, Dr. Laura Labay was called to the stand. She is a forensic toxicologist at NMS Lab near Philadelphia. Alfieri questioned her about finding marijuana in Morrisroe’s blood sample. Several more sidebars followed as she explained about metabolites and how, if he had used alcohol and marijuana at the same time, it would have an “additive effect. If there was a use of alcohol and marijuana at the same time, it’s not going to let you safely operate a vehicle.”

Defense attorney Daniel Lang cross-examined her, asking if there had been alcohol in the sample in her lab. No, she replied.

The jury was excused for lunch, and Pavlock addressed the attorneys about reports they wanted admitted into evidence. He was concerned the reports were based on material not in evidence, as Labay may have considered preliminary hearing transcripts.

“An expert has to base an opinion on what’s in the record,” he said.

After lunch, Kinnear took over the questioning of Labay.

“You cannot testify with any scientific certainty” when Morrisroe may have used the marijuana that was found in his blood test, Kinnear asked.

“Correct,” Labay said. However, she said, “These signs and symptoms observed by Corporal Race may be produced by the use of marijuana.”

Kinnear then asked her to use a scientific formula to calculate what Morrisroe’s BAC may have been at the time of the crash. The prosecution objected. The judge agreed.

Kinnear then asked her if she knew the typical “proof,” or alcohol content, of gin — as Morrisroe was drinking gin and tonic on the day in question. Alfieri objected; the judge agreed.

Lang then questioned her about whether she’d done analysis on a person who was under the influence of marijuana. She had not.

He asked about peak levels of marijuana metabolites in the blood as compared to when someone uses. The prosecution objected. The question was withdrawn. The attorneys again spoke with the judge — and the jurors were showing signs of restlessness, spinning in their chairs, looking at the crown molding in the courtroom..

Lang asked Labay to read a passage from a book which she had cited in her report. Alfieri objected. The attorneys again spoke with the judge.

During a re-cross, Alfieri asked Labay, “You can tell there had been marijuana used?”

“Yes,” she replied.

Pavlock addressed the jury briefly, explaining he was going to let the defense call their expert on intoxication at that time. Dr. Lawrence Guzzardi was called. He outlined an impressive resume in medicine and medical toxicology. Alfieri asked him, “Are you paid for issuing reports and testifying?”

“I am,” he replied. Under further questioning, he added, “I testify almost exclusively for the defense.”

Lang asked if Guzzardi knew the alcohol content of gin. Alfieri objected. Guzzardi began to answer, raising another objection. Kinnear asked about Guzzardi’s research on gin, to which Guzzardi began to explain about a website he had gotten information from.

Pavlock stopped him, saying “As much as I hate to do it, I will meet with counsel in chambers.”

After 20 minutes, the jury was brought back in, and Pavlock explained he was giving the attorneys more time. The jury was sent back out for another 20 minutes.

When court reconvened, Kinnear introduced a witness via cell phone — Sharon Schwab, manager on record of the Rixford Well. She testified that Morrisroe drank Banker’s Club gin, which was 80 proof.

Guzzardi re-took the stand, and, using the Widmark formula, calculated what Morrisroe’s BAC would have been had he drank 8 gin and tonics between 1 and 8:30 p.m. on June 2, 2015. A few more objections followed, with Pavlock at one point admonishing the witness not to argue with the attorneys.

Guzzardi’s math showed that given the numbers Kinnear provided, Morrisroe’s BAC at the time of the crash would have been zero, as the alcohol would have been metabolized by then.

When he finished the calculations, Guzzardi had a health issue which caused Pavlock to at first dismiss the jury, then call them back in to dismiss them for the weekend.

The trial resumes at 8:15 a.m. Monday in Venango County Court.