Crash survivors shocked over mishandled blood sample - 13 WTHR Indianapolis

Mary Mills and Kurt Weekly, the motorcyclists who sustained critical injuries in the August 2010 crash involving Metro Police Officer David Bisard, responded Wednesday to this week's developments in the case.

"Kurt and I were shocked at the revelation that yet another blood sample of Officer Bisard has been either intentionally or through gross negligence mishandled by IMPD," Mills said in a prepared statement.

On Tuesday, city leaders revealed that a second vial of Bisard's blood was mistakenly moved from a refrigerated area in the Indianapolis Metro Police Department's property room, calling into question the validity of any tests results on the sample. A judge had just allowed the sample to be tested last week, and that's when the blunder was brought to light.

"Neither Kurt nor I asked to have our lives turned upside down and to be involved in this horrible event that just won't quit. We would like the opportunity to go on with our lives, and we're hopeful with this latest revelation and the statements made by Mayor Ballard and Safety Director Straub that they will resolve their legal issues with us," she said.

Both Mills and Weekly required extensive surgeries and rehabilitation following the crash, and Weekly suffered brain damage which affects his cognition.

"Kurt and I know that we will never enjoy the same level of health and comfort that we did before our injuries, but we would still like to have every opportunity to do our best and to go forward. We should have civil rights too! Not only could we go forward, but the City should go forward and hopefully address the significant problems that exist in IMPD," she said.

Mary Mills has moved on in some areas of her life. She is back riding a motorcycle, but every time she hears about a new development in her case she wonders.

"Actually it's what's next. What will happen next? I honestly believe I could never sell the movie rights cause who would believe it? It's ongoing and it doesn't stop. We had a good crowd in court on Thursday, just to have it squashed on Tuesday."

The resignations and reassignments announced Tuesday are not sitting well with her.

"That is not the way that you reprimand somebody. Put them on administrative leave and give them paid vacation basically for not doing their job properly," she said.

She expressed surprise over the mishandling of Bisard's second blood sample.

"I would love, I would love to have someone prove to me that it was just an error. I would love for that but I just can't feel that way. Not with everything that has happened."

August 6, 2010 and the subsequent blood draw issues since have planted the seeds of doubt in her mind. First there was the debate over whether the blood of Officer David Bisard was even admissible in court. Now the latest development that a second draw of blood from the officer who drove his squad car into a group of motorcyclists, killing one and injuring Mills and her husband Kurt Weekly.

"I don't remember anything that happened the day of the crash. I truly don't. I don't drive so I find myself in a position where a rear view mirror is all I am looking at. Looking behind me and God fearing I should hear sirens because everyone in the vehicle knows what I am going through," she said.

Plenty of time has passed since the accident but in some ways she reflected nothing has changed at all.

"We are still in the same situation that we were in the day of the crash as far as any kind of justice being done or anything being taken care of, really."

So she continues to wait for answers, for justice and for someone at the department to say something to her.

"Not even an 'I'm sorry.' Nothing."

She admitted that she always told her children to seek out a police officer in times of trouble, but now?

"I know there are good police officers out there. I know there are. I just haven't run across one in this case. I am sorry to say that," said Mills.