Defense rests in Bisard drunk driving trial - 13 WTHR Indianapolis

Defense rests in Bisard drunk driving trial

Updated:
FORT WAYNE -

The defense rested its case Thursday in the drunk driving trial of suspended Indianapolis Metro Police Officer David Bisard.

Earlier Thursday, Bisard's defense team worked to discredit the prosecution's best evidence. 

Blood alcohol test results showed the IMPD officer was severely intoxicated the day of the crash. One sample found that Bisard had a BAC of .19 at the time of the fatal accident in August 2010. Eric Wells died in the crash and two others were critically injured.

Court convened about 90 minutes late Thursday to accommodate the arrival of two defense expert witnesses. 

On Wednesday, the first expert testifying for Bisard called the blood testing process "really sloppy work," the Marion County Crime Lab's testing equipment "antiquated" and told jurors, "I don't believe the results of the test are reliable."

Pharmacist and toxicologist Dr. Robert Belloto called the data used to get those results, "not really all that informative."

Vial one of Bisard's blood sample was tested within three days of the crash. Vial two was tested more than two years later after it sat unrefrigerated for five months.

Belloto testified that fermentation - the natural creation of alcohol - could have occurred. He also said that technicians at the Marion County Crime Lab didn't consider the effects of an antidepressant and four other prescription medications Bisard was taking.

Describing the testing data, Belloto said, "It doesn't tell you if alcohol is there by consumption or by fermentation."

Belloto told jurors additional and different tests should have been done to explain why the results showed Bisard had such a high blood alcohol level.

The prosecutor's expert witnesses minimized the testing delays, and testified the results are accurate.

In reaching their verdict, jurors will have to decide which experts to believe.

The end of this trial is within sight. The defense should rest and prosecutors should finish with the testimony of any rebuttal witnesses by Friday afternoon. 

Closing arguments are scheduled to begin Monday morning.  As of today, it appears as if Judge John Surbeck will give each side 90 minutes for a trial that is taking two and a half weeks.

Jurors will receive their final instructions and likely begin deliberations Monday afternoon. Follow Eyewitness News for updates from the trial.

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