Judge limits video evidence in David Bisard trial - 13 WTHR Indianapolis

Judge limits video evidence in David Bisard trial

Updated:
FORT WAYNE, Ind. -

UPDATE:

A judicial ruling will affect what videos can be submitted into evidence in the David Bisard trial.

He is the IMPD officer who was accused of driving drunk when he crashed his squad car into a group of motorcycle riders.

The crash killed one person and critically injured two others.

The trial begins Monday October 14th in Fort Wayne.

The case was moved out of Indianapolis due to pretrial publicity.

Friday, the judge signed an order that allows the prosecution to use three videos as evidence.

But the judge is blocking a fourth video, a computer generated animation that dramatizes the speed of Bisard's squad car.

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ORIGINAL STORY:

The defense team for IMPD Officer David Bisard made a surprising last-minute move to keep some of the prosecution's important evidence out of his drunk driving trial.

Bisard is keeping quiet, however the suspended police officer's attorneys have plenty to say about the prosecutor's plans to show jurors a computer-animated video, demonstrating how Bisard's patrol car crashed into stopped traffic, killing one motorcyclist and critically injuring another.

"Evidence is demonstrative. We believe it is appropriate under the rules and it will give the jury an overview and some insight to what happened that day," said Chief Deputy Prosecutor Denise Robinson.

The video uses data from the computer control module in Bisard's car, as well as measurements gathered by investigation. Defense attorneys want the video excluded, arguing they need more technical information on how it was produced.

Robinson appears confident.

"It certainly would be helpful to the jury and that is the standard the judge should apply," she said.

Bisard is charged with reckless homicide, driving with intoxicated causing death and causing serious injuries.

The trial is set to begin October 14. Allen Superior Court Judge John Surbeck is already screening the questionnaires submitted by potential jurors. Attorneys will have about 150 from which to select a jury of 12 and four alternates. He insists there will be no more delays and the trial will start on time.

The court set aside four weeks to select a jury, hear the evidence and reach a verdict.

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