Judge: Blood sample may be used at Bisard trial - 13 WTHR Indianapolis

Judge: Blood sample may be used at Bisard trial

Updated:
ALLEN COUNTY -

Indianapolis Metro Police Officer David Bisard returned to court Wednesday for a hearing connected to his upcoming drunk-driving trial.

Bisard faces reckless homicide charges after a 2010 crash that killed one motorcycle rider and badly injured two others. His trial was moved to Allen County because of pre-trial publicity.

In Allen County, the evidence against IMPD Officer David Bisard is on trial. The questions are focused on the critical blood samples. The prosecution contends those samples prove Bisard was extremely intoxicated the day he ran his patrol car into stopped traffic, killing Eric Wells and critically injuring two others.

Wednesday morning, prosecutors won a small victory.

The judge ruled the first vial of blood evidence may be introduced as evidence during the trial. However, before it's presented to jurors, the prosecution will have to lay a foundation for that evidence. Special Judge John Surbeck said in this case, that foundation will be higher than normal.

"That blood is very important, for that first sample to be in. But it is just important for the second vial to be in," said Aaron Wells, whose son, Eric, was killed in the crash.

The argument continues over toxicology reports from the second vial of blood, which went unrefrigerated in the evidence room for an extended period of time and whether that will be allowed.

In discussing the evidence this morning, Deputy Prosecutor Denise Robinson said that DNA analysis from both blood samples proves they are from David Bisard. The defense claims the evidence was mishandled, possibly tampered with, and questions the results.

In an extraordinary measure, they summoned Marion County Prosecutor Terry Curry to court to help prove their case.

"I provided my testimony pursuant to that subpoena and in context of day, I should think I should say anything further," Curry said.

Another startling revelation came from Robinson, who said IMPD investigators secretly recorded two conversations with her. Defense attorneys want to use the recordings as their evidence.

"I believe there was an obstruction of justice. It stunk from the beginning. It still stinks today," Wells said.

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