Judge grants DNA,
alcohol tests in Bisard case
A
judge today granted a prosecution request for new DNA and alcohol tests on
blood samples taken from suspended police officer David Bisard after his patrol
car crashed into a group of motorcyclists.
The
Marion County prosecutor's office had asked Judge Grant Hawkins to allow a DNA
sample from Bisard and test a second, refrigerated blood sample from him.
Two
vials were taken after the Aug. 6, 2010, crash in which Eric Wells, 30, was
killed and two others were critically injured. Only one of the vials was tested
for alcohol, registering a reading of 0.19.
The
prosecutor's office had argued that it needs the second vial tested to confirm
that the first sample is Bisard's -- in case Bisard's lawyers try to argue it
isn't.
Whether
Bisard was drunk at the time of the crash has been a key issue since a blood
test taken hours later registered a blood-alcohol content well above the level
at which a driver in Indiana is deemed intoxicated. However, the test was
thrown out because the judge ruled that the technician who drew the blood was
not qualified to do so under state law.
Hawkins
ruled in October that the blood-alcohol content results from the first vial
could be used to bring charges of reckless homicide and criminal recklessness,
but not drunken driving, against Bisard.
In
allowing the testing, Hawkins said defense attorneys can be present at
"all stages" of testing.
The
untested vial has been stored in a secure refrigerator in the IMPD property
room, according to the request for testing filed in court.
The next hearing in Bisard's case is
scheduled for Aug 17, more than two years after the fatal accident. His trial
is not likely to start until late this year or early next year.
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