Judge: Blood vials may be tested in Bisard case

The crash happened in August 2010.

Unless there's a last-minute surprise, it appears both blood samples taken from an Indianapolis Metro Police officer charged with reckless homicide will go to a lab for testing.

At a hearing Thursday, Judge Grant Hawkins said he would allow vials of David Bisard's blood to be tested unless a review of a timeline involving the handling of the vials shows serious problems.

It's coming up on two years since Officer Bisard crashed his cruiser into a group of motorcyclists, killing Eric Wells and injuring two others. Big questions remain about his blood alcohol content, and those questions are now likely to be answered in a Texas lab.

It was a quick departure for the Bisard defense team moments after learning the IMPD officer's blood could soon be in the hands of a Texas lab. Bisard's attorneys argued the vials were inadmissible, saying envelope labeling had been removed from the first sample and a second vial sat in an unrefrigerated property room for five months.

But prosecutors say there's no indication the chain of custody caused any tampering with the actual blood. The court agreed and ruled unless a timeline shows something egregious, both vials will be tested.

"Anything about whether that has compromised the blood is speculation at this point. Our experts in Texas tell us they need to examine it and they can tell us whether it's compromised or not," said Marion County Prosecutor Terry Curry.

But the court shot down a second motion asking that Bisard's attorney be turned over to the Indiana Supreme Court Commission for attorney misconduct. Prosecutors allege he made improper media statements saying the testing of the blood "would produce unreliable and unusable" results.

The chain of custody timeline for the blood must be turned over in two weeks. Curry says he doesn't expect any surprises in a case that's been characterized by one misstep after another.

"It keeps going. Every two months we come back for the same thing," said Mary Mills, who sustained critical injuries in the 2010 crash.

The court will also allow Bisard's defense team to submit a cost analysis of sending their own expert to Texas for the testing of the samples. The court's official ruling will go into effect July 30th.