An Orange County judge ruled on Wednesday that the attorney for the man accused of driving under the influence in an accident that took the life of Los Angeles Angels pitcher Nick Adenhart cannot introduce evidence the driver of Adenhart's car was drinking.

According to Judge Richard Toohey, blood alcohol tests showing Courtney Stewart, 20, had a BAC of .16 percent is "irrelevant." The .16 percent test was one of two, with the other test only revealing a BAC of .06 percent. Not only is the evidence inconsistent, a witness testified to a grand jury that Stewart was not impaired. 

Andrew Gallo, 23, stands accused of murder, and his defense attorney, Jaqueline Goodman, says it may have been Stewart that ran a red light on April 9, 2009. The motions hearing concluded with Judge Toohey refusing admission of this evidence against Stewart but allowing admission of statements Gallo made to an officer during his arrest as well as his DUI history, showing one other DUI conviction. 

Adenhart was not the only individual to die in the accident; it claimed the lives of two others. Adenhart had just pitched his first game with the Angels when Gallo allegedly ran a red light and struck Stewart's car at a Fullerton, California, intersection. Gallo provided a BAC sample showing he was well-over the legal limit.

Gallo has pleaded not guilty to all three charges of second-degree murder. The trial is set to begin in late September. Prior to that time, Judge Toohey will also have to consider whether a videotape of the interview police conducted of Adenhart's arrest will be admitted.