David Bisard files appeal - 13 WTHR Indianapolis

David Bisard files appeal

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David Bisard David Bisard
INDIANAPOLIS -

Attorneys for former Indianapolis Metropolitan Police Department Officer David Bisard are asking the state Court of Appeals to overturn his convictions and to give their client a new trial.

The appeal filed Wednesday also asks the court to reduce Bisard's sentence for the 2010 fatal drunk driving crash.

Read the appellate brief

In November, a jury convicted Bisard of drunk driving and reckless homicide charges and a judge sentenced him to 13 years in prison and three years probation. The case stems from an August 2010 crash when Bisard slammed his police car into a group of motorcyclists stopped at a light on East 56th Street in Indianapolis. Eric Wells died and Kurt Weekly and Mary Mills were critically hurt.

Bisard’s appeal states three issues for the appellate judges to consider.

It claims Bisard was "denied his due process right to present a defense when the State presented expert testimony about what it means to be a 'tolerant drinker,' but Mr. Bisard was denied the opportunity to present evidence that he was not a 'tolerant drinker' without opening the door to evidence of a subsequent" arrest for driving while intoxicated.

Bisard also says the trial court should have ordered a mistrial after a juror conducted Internet research on a topic related to the trial and reported the findings to other jurors. Bisard's appeal say that misconduct denied him his right to an impartial jury.  

The third issue in the trial focuses on sentencing.  Bisard's appeal claims that the court "abused its discretion" when it aggravated his sentence by finding he abused a position of trust.

Bisard is represented by the Marion County Public Defender's office for his appeal.

The next step in the appeals process is for the state to response to Bisard’s filing.

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