Questions raised about officer's role in Hovey St. case

IMPD Officer David Bisard

Rich Van Wyk/Eyewitness News

Indianapolis - The fallout from the criminal investigation of an IMPD officer is now spilling over to an unrelated high-profile murder case.

When two mothers and their two young children were murdered in a Hovey Street home more than two years ago, Officer David Bisard was one of the first officers there. But prosecutors insist his recent arrest for vehicular homicide and accusations that he was highly intoxicated when he crashed into a group of motorcyclists should have no bearing on the upcoming murder trial.

"There is no evidence in 2008 there was any misconduct or any alcohol or anything else that would have impaired his ability to do his job as a police officer," said Marion County Chief Deputy Prosecutor David Wyser.

Yet attorneys for Ronald Davis point out investigators had no clue Bisard was drunk until test results showed a blood alcohol content of .19.

"The alcohol content he has at 11 a.m. suggests this is probably more of a long-standing alcohol problem," said defense attorney Ray Casanova.

According to court documents, Bisard alone saw the bodies before they were moved by EMTs and photographed. The original positions of the bodies, the defense claims, is critical to the case and is evidence they need to dispute the anticipated testimony of one of the prosecution's star witnesses. A witness to the murders and how they occurred.

The defense is asking the court for access to all of Bisard's confidential employment records, including any disciplinary or mental health evaluations.

"I'd say Bisard is an easy target in this case," said Indiana University Law Professor Joel Schumm.

But Schumm says the information is probably off-limits.

"I suspect they will have trouble getting the police records. I doubt the judge would find that's admissible, because it is bad character evidence," he said.

In a high-profile death penalty case, the controversy engulfing Bisard is a distraction prosecutors don't need.

Defense attorneys expect a ruling on their request next week. The Hovey Street murder trial is scheduled to begin in mid-October.