Statement from John F. Kautzman, attorney for David Bisard

David Bisard

Statement from John F Kautzman, attorney for David Bisard, the Indianapolis Metro Police officer who was involved in a fatal crash in August 2010:

On behalf of David Bisard, we first reiterate our ongoing sympathy for the Wells family and Mr. and Mrs. Weekly. This case has tragically affected many families including the Bisards.

Today, we were surprised to learn that the 2nd vial of blood was removed from the IMPD property room and has remained in an unrefrigerated state for the past five months. This is particularly troublesome given that the judge previously put in place an evidence preservation order. Today's revelations regarding the mishandling of the blood sample further adds to the serious problems we have already demonstrated in court about the irregularities with the blood draw procedure itself.

There can be no doubt that that this blood sample is tainted beyond repair and a test of the blood would produce an unreliable and unusable result.

Last week, the State argued in court that it needed to further test the blood to confirm blood alcohol content accuracy. And late today, the prosecutor's office tendered a proposed order to the court asking to proceed with additional blood vial testing as if today's disclosures never occurred. The defense will again have to make appropriate filings in court to seek relief.

Perhaps most troublesome about today's alarming information is the fact that potentially exculpatory evidence has now been rendered useless.

Many questions remain unanswered including exactly who was involved in the movement of the 2nd vial of blood and when the prosecutor's office and IMPD officials became aware of the problem leading to today's announcement. We hope that a police administration that says it prides itself on transparency is forthcoming with answers to many of these questions, and that the prosecutor's office releases that information immediately.