Prosecutor discusses Bisard developments with victim, family

Marion County Prosecutor Terry Curry

The families of the victims of a fatal crash involving an IMPD officer now want to know what impact the latest problem with evidence will have on the case against the officer involved.

Marion County Prosecutor Terry Curry met Tuesday morning with a family and one of the victims to explain what happened. He said, as you might expect, they were not happy.

It's a case that continues to haunt the families involved, the accused officer, David Bisard, the police department and City of Indianapolis, who all want justice.

"The second vial of blood had been moved from refrigeration at the property room to the property room annex on the east side," said Curry. "It should not have happened. We are not the least bit happy it did happen, but we don't feel it compromises the ability to have a fair trial and have this heard."

That is what Curry told the family, but he also told them it will have no impact on the admissibility question of blood alcohol test results for DUI offenses that is still before the Court of Appeals. Now, the prosecution will have to rely on the first vial for identification.

"We just learned this as well that there were others. Part of an entire group of blood samples moved from the refrigerated property room to the annex," Curry said. "At this point, as we sit here today, we don't know if it was intentional or a massive mistake. We don't know."

That also means he doesn't know how many other cases might be affected.

"Like you, we learned that within the last hour. Other items had been moved, we intend to follow up and find out what items there were and the cases they relate to," Curry said.

Curry says his department will continue to work for justice in the Bisard case, but now he and IMPD will first have to re-establish credibility.