Prosecution rests case in Bisard trial - 13 WTHR Indianapolis

Prosecution rests case in Bisard trial

Updated:
FORT WAYNE, Ind. -

The prosecution has rested its case in the trial of IMPD Officer David Bisard.

The suspended Indianapolis Metro Police officer is accused of drunk driving in his squad car and crashing into a group of motorcycles, killing Eric Wells.

The prosecution saved some of their strongest evidence for Monday, which is the ninth day of testimony in the trial.

The blood vial evidence is crucial to the prosecution's case. Tests showed that Bisard's blood alcohol content was .19 percent after the crash.

Admitting all the evidence was a time-consuming process Monday morning. IMPD investigators testified about inspecting evidence packaging to make sure the blood vials were inside.

The second vial of blood evidence was removed from an IMPD refrigerator for five months before testing. It wasn't tested until more than two years after the crash. That has been a point of contention throughout the Bisard case.

Eventually the second vial was admitted as evidence over the objection of defense attorneys. The defense will argue that the blood evidence could have gotten mixed up with someone else's.

The second vial showed Bisard with a BAC of .158 - .175. The difference between that result and the result from the first vial is attributed to the second sample deteriorating over time.

Prosecutors insist the additional results strengthen their case. Bisard's attorneys are casting doubt on them, pointing out mistakes made in the original crime lab report, inconsistencies in the calibration of the testing machine and that no outside agency double checks results.

Chemist Robert McCurdy did the testing and called the inconsistencies "minute," insisting "they are inconsequential in the overall analysis. I believe it is accurate. Good data, good science."

Police identified stacks of photographs taken of the evidence that was checked by multiple officers. At issue was why the evidence garnered so much attention. It turned out that the officers were being investigated by an internal IMPD board. It was pointed out that IMPD's problems were not on trial.

The prosecution was planning to add more blood evidence, DNA and a crash simulation video as evidence.

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