Prosecutor Says Judge Should Decide Blood Test Admissibility
11:35 AM, Jan 13, 2011
Marion County Prosecutor Terry Curry said Wednesday that he plans to re-file alcohol-related charges against an Indianapolis police officer who crashed into a group of motorcyclists, killing one and seriously injuring two more.Soon after taking charge at the prosecutor's office earlier this month, Curry told 6News that he believes a judge should rule on whether to allow Officer David Bisard's blood test to be presented as evidence.
More: | Bisard Case: Probable Cause Affidavit | Bisard Case: Charging Information | Bisard Case: Dismissal Of Old Charges
Police said Bisard was driving drunk and on duty on Aug. 6 when he plowed into a group of motorcyclists, killing one person and seriously injuring two more.Former Marion County Prosecutor Carl Brizzi originally filed seven felony charges against Bisard -- operating while under the influence causing death, a Class B felony, operating while under the influence causing death, a Class C felony, reckless homicide, a Class C felony and four counts of operating while under the influence causing serious injury, Class C felonies. Curry said he intends to re-file all of those charges.A blood draw showed that Bisard had a blood-alcohol content of 0.19 two hours after the crash, but alcohol-related charges were dropped by after Brizzi determined the draw took place at a clinic instead of a hospital, as stipulated by law, and that the blood test would be inadmissible."We have taken these steps only after careful deliberation. In doing so, I continue to believe that if there's any ambiguity in the law as it relates to the admissibility of the blood test then a judge should make that final determination," Curry said. "We will make every argument we feel is appropriate to support the admissibility of the test."
Brizzi told WISH-TV, where he now serves as a legal analyst, that he believes Curry is taking a risk by bringing back in the blood draw evidence. He said the move could be seen as political, and that it could cause the jury to question the handling of the overall investigation.Brizzi declined to comment on the case to 6News, citing his exclusive contract with another television station.An attorney representing Bisard has already filed for dismissal of blood-alcohol results."We think that that issue has been put to rest previously," said attorney John Kautzman. "If this new prosecutor has decided that he wants to go forward and have a judge make the ruling, we don't think, at the end of the day, it's going to be a different outcome."In a statement, the local Fraternal Order of Police union stressed that Bisard is innocent until proven guilty."This case has caused immense angst among the Wells family and the other victims of the accident," the statement read. "Our thoughts and prayers continue to go out to the victims of this tragedy, including David Bisard and his family."Eric Wells was killed in the crash. Mary Mills and Kurt Weekly were seriously injured. An initial court appearance was set for Friday.