FORT WAYNE, Ind. - On day 13 of the trial against embattled Indianapolis Police Officer David Bisard, the lawyers will call on a forensic toxicologist who will testify that Bisard's blood test was flawed.
Bisard's wife, Lora, took the stand Wednesday afternoon. Lora Bisard testified that she kissed her husband goodbye the morning of the crash, and she did not notice any signs of impairment.
Lora Bisard said she'd worked a 12-hour shift -- 7 p.m. Thursday to 7 a.m. Friday -- and does not know what her husband was doing during that time.
A juror asked Bisard if her husband told her about drinking the night before the crash, to which she responded, "He told me that he had consumed two vodka and Cokes before going to bed."
The prosecution then asked Lora Bisard, who worked as a sheriff's deputy for 10 years, if she ever pulled someone over for drunk driving, and did they ever tell her how many drinks they'd had.
"Yes," she said to the first question. "Usually it was a couple (of drinks)."
The scientific testimony followed an entire day of subjective testimony from IMPD officers, all of whom testified they didn't see any signs of impairment or intoxication by Bisard at the August 2010 crash site where Eric Wells was killed and Mary Mills and Kurt Weekly were injured.
Dr. Harry Plotnick, a noted forensic toxicologist testified that he analyzed every aspect of the Bisard blood draw, including the people, the protocols and the machine that delivered the result of 0.19 percent.
At the clinic, Plotnick testified that it did not appear to him that the med-tech properly inverted the sample to mix the blood with the preservatives and the anti-coagulant.
Of the officer who put the sample in his pocket on a hot day and then went to lunch, Plotnick said it increased the chances of contamination.
Of the people in the property room who continually opened and photographed the blood, Plotnick testified that it was a breach of protocol.
On sending vial two to an unrefrigerated site for five months, Plotnick called it sloppy work.
And about the Marion County crime lab, he said they did not follow the so-called procedural gold standard for testing. And about the machine that tested it, Plotnick called it antiquated.
Bisard’s defense team has two more expert witnesses to put on the stand, including a pharmacologist who also will cast doubt on the Bisard blood result.
Bisard’s lawyers hope to wrap up their case by Thursday afternoon.
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