Bisard Blood-Alcohol Results May Wind Up In Court Afterall

Prosecutor Candidates Plan To Pose Issue Before Local And State Courts

Once considered inadmissable, both candidates for Marion County Prosecutor insist they will try and get the David Bisard blood-alcohol results into court. And an I-U professor of clinic law agrees.

"I think Car Brizzi should have tried harder," says law professor Joel Schumm. I think most people think that. Usually a prosecutor doesn't within days, give up and decide not to file charges.

Schumm is referring to Brizzi's August 10th, decision to withdraw several drunk driving charges against Bisard after he reportedly caused an accident that killed 1-motorcyclist and severely injured 2-others.

After the crash, Bisard's blood-alcohol level registered point-1-9, more than 2-and-a-half times the legal limit. A day after filing charges, Brizzi dismissed the alcohol-related counts, citing a faulty blood draw.

"We decided that it was not admissable", Brizzi announced on August 10th. The reason the blood draw was faulty was because it wasn't conducted at a hospital as defined under state statute. And it wasn't performed by someone who has the legal requisite license," Brizzi said.

Two hours after the accident, Bisard went to Methodist Occupational Clinic where his blood was drawn by someone who lacked the state certification to do so.

It's likely that Bisard will go on trial long after Brizzi leaves office, giving the next prosecutor another look at the case.

"We will seek to re-file the alcohol related charges against officer Bisard should we be elected prosecutor," said democrat Terry Curry.

"Our state Supreme Court has never taken up that precise question," said republican Mark Massa of the admissability of a consenual blood draw. If elected, I'm prepared to pose in in January," Massa added.

Given the public policy question and the public outrage, Schumm would like to see the question argued in court.

"Get a court to rule on it," Schumm says. And if they don't like the first ruling, they can go to the Court of Appeals and then the Supreme Court of Indiana," Schuum added..