Judge orders Bisard's blood tested in Indianapolis - 13 WTHR Indianapolis

David Bisard's blood will not be going to Texas after all. Thursday afternoon, Judge Grant Hawkins ordered the vials be tested at the Marion County Crime Lab after a Texas facility refused to accept the Bisard case.

Prosecutors say the Texas facility was unhappy with a request by Bisard's attorney for records and lab protocols for the testing. The lab also wanted between $8,000 and $15,000 to do the testing, saying it would have to shut down its lab to allow an outside toxicologist hired by Bisard's attorney to observe the testing.

In his ruling Judge Hawkins said he was "exasperated" because he thought the blood testing issue was going to be taken care of back in May. But in April attorneys discovered one of the vials had been kept unrefrigerated for weeks.

"We were requesting an outside lab to conduct, in essence, an audit of our lab," said Denise Robinson, deputy prosecutor.

"There is a process for the state to try to marshal the evidence to prove that our client is guilty beyond a reasonable doubt. We're allowing them to go through that process and we have a job to do as well," said John Kautzman, Bisard's attorney.

Both the prosecution and Bisard's defense team will hire toxicologists to observe the testing at the Marion County crime lab.

Case background

David Bisard is accused of driving drunk and hitting a group of motorcyclists in August 2010, killing a man and seriously injuring two other people.

In July 2012, blood and DNA samples taken from Bisard were sent to a lab in Texas to determine if he was legally drunk at the time of the crash. Bisard's attorney argued the blood samples were mishandled and not properly stored.

Eric Wells died in the crash. Kurt Weekly and Mary Mills were critically injured, with Weekly suffering brain damage.

See all stories related to this case.