Both sides rest in Bisard trial - 13 WTHR Indianapolis

Both sides rest in Bisard trial

Updated:
Surveillance footage of Officer Bisard at a convenience store after the crash. Surveillance footage of Officer Bisard at a convenience store after the crash.
FORT WAYNE -

Both the prosecution and defense have rested in the trial for suspended Indianapolis Metro Police Officer David Bisard.

Judge John Surbeck sent the jury home and told them to pack for two days. After hearing attorney's closing arguments Monday morning, the jury will begin deliberations.

There are hundreds of pieces of evidence to consider and the often conflicting testimony from scores of witness. In reaching their decision, jurors will have to decide whether blood tests showing David Bisard was intoxicated are accurate or, as attorneys claim, unbelievable. They'll also have to decide whether the IMPD officer had the authority to speed through lunch hour traffic, or was reckless, as prosecutors insist.

"The same rules of the road," said Deputy Prosecutor Denise Robinson. "Sure, police officers can drive lights and sirens and can exceed the speed limit. But from an accountability standpoint, it is the same for any individual, under like circumstances."

The suspended officer hasn't uttered word to reporters and didn't testify in his own defense.

"He's doing fine," said John Kautzman, Bisard's attorney. "We feel good about the case. We will await for the verdict after they see all the evidence and all the arguments of council."

Since this criminal case began three years ago, it's been all about David Bisard's blood. And the final testimony in his criminal trial was all about the blood evidence.

The final witness, Michele Glinn, was one of several toxicologists testifying over the 15-day trial. She was called as a rebuttal witness for prosecutors to dispute defense experts who told jurors Bisard's blood samples were contaminated and the results were unreliable.

Glinn testified there was no alcohol producing fermentation, and Bisard's use of hand sanitizer after the crash, and prescription drugs, would have no effects on results.

"Letting the jury know those controlled substances wouldn't convert to alcohol and...even if they did, they would have had no impact," said Robinson.

Judge Surbeck let jurors out early Friday and told them to enjoy their weekend. He admitted to attorneys, "These jurors may be out a while."

"The evidence has been powerful from both sides and it's been a very labor intensive case bringing all this evidence to the jury," Kautzman said.

More than 250 pieces of evidence documents, photographs, videos, testimony from roughly 75 witnesses, victims, police officers, Bisard's wife, and scientific experts, frequently providing jurors conflicting opinions and views of the 2010 crash that killed one motorcyclist and nearly killed two others.

In reaching a verdict, jurors will be deciding whether the violent collision was as prosecutors claim a crime or, as defense attorneys insist, a tragic accident.

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