Legal experts weigh impact of Bisard blood ruling - 13 WTHR Indianapolis

Legal experts weigh impact of Bisard blood ruling

Updated:
A judge ruled the first vial of David Bisard's blood is admissible in court. A judge ruled the first vial of David Bisard's blood is admissible in court.
Officer David Bisard Officer David Bisard
INDIANAPOLIS -

Attorneys and legal experts are reacting to the latest ruling in the drunk driving trial of IMPD Officer David Bisard.

A judge ruled Wednesday that the first vial of blood drawn from Bisard after he crashed his police car into three motorcyclists in August 2010 can be admitted into evidence. That blood tested at over twice the legal limit for alcohol.

"If you've got blood-alcohol results and can admit it into evidence in a case such as this, it's gold," said Fran Watson, a professor at the IU School of Law Indianapolis.

The day Bisard hit three motorcyclists with his police car, killing Eric Wells, technicians drew blood samples. The defense has tried to keep them out of the trial, challenging the way they were drawn and the way the second sample was stored - unrefrigerated.

"That's important evidence," said Watson.

So important, in the battle over the second blood vial, the defense even called Marion County Prosecutor Terry Curry to show even he was concerned about the way cops handled evidence.

Just because the blood vial will be allowed in doesn't mean the defense is defeated.

"The David Bisard case is not an open-and-shut case as many people seem to think," says defense attorney Jack Crawford.

Crawford is not on Bisard's defense team, but he can read the game plan from the sidelines.

He expects Bisard's defense lawyer will tell the jury about the blood, "Okay, you can consider it, but don't give it much weight, because it's so heavily compromised by the mistakes made during the evidence preparation."

And in a bizarre twist, Deputy Prosecutor Denise Robinson disclosed police secretly recorded two conversations she had with detectives.

"I can't say that it was sabotage, I'm not going to say that. Certainly, in more than 20 years as a prosecutor, I've never heard of this happening," Robinson said.

Also just revealed, then-Public Safety Director Frank Straub and a deputy had then-IMPD Chief Paul Ciesielski's emails copied along with those of the chief accident investigator.

It was also ordered for an IMPD officer to remove Bisard's crash file from the Internal Affairs office at night. It may all have been an innocent effort to protect information, but for the victim's father, Aaron Wells, it's "the police department protecting their own. It stunk from the very beginning and it still stinks today."

"Do I believe there was an obstruction of justice? Yes, with a group of IMPD officers," Wells added.

The judge will decide later whether to allow the second blood vial into evidence.

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