Judge allows second blood vial as evidence in Bisard trial

David Bisard
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A second vial of blood will be allowed as evidence in the trial of Indianapolis Metro Police Officer David Bisard.

Judge John Surbeck issued his ruling from Allen County Superior Court on Tuesday. Bisard's defense attorneys had sought to suppress the blood test results on the grounds that they were improperly handled.

But the judge ruled that the two vials of blood collected from Bisard on the day of the August 2010 crash that killed Eric Wells and critically injured two other motorcyclists are both admissible and subject to "foundational requirements of the Indiana Rules of Evidence."

Judge Surbeck ruled that Bisard "knowingly and voluntarily consented to a blood test pursuant to the offer made by officers of the Indianapolis Metropolitan Police Department" and that Bisard was in the company of his attorney "at the time of the offer and the test."

The judge also denied the defense's motion to sequester the jury, saying that media coverage in Allen County had not been excessive. The trial was moved from Marion to Allen County because of "significant media coverage" in Marion County.

"Sequestration of a jury in a non-capital case such as this is an extraordinary remedy causing significant inconvenience to jurors requested to serve," the judge said in his final statement on the matter. He said that "remedies exist, which the Court intends to use, which will assure the Defendant a fair trial before jurors who are not influenced by trial publicity without the need to sequester the jury."

Judge Surbeck also granted the state's motion to quash Bisard's request for the production of certain documents related to the case.