Prosecutors in David Bisard trial could wrap case Friday
Last Updated: 49 days ago
FORT WAYNE, Ind. - As the second week of the David Bisard trial comes to an end, prosecutors are expected to wrap up their case by the end of the day, Jack Rinehart reported.
UPDATE: 6 p.m.: Allen County Superior Judge John Surbeck has allowed contested blood alcohol evidence to be admitted as evidence.
Toxicology expert Dr. Alan Wayne Jones said that the equipment used to examine Bisard's blood returned a result that was, "100 percent accurate."
Jone, who has more than 40-years experience in toxicology and the study of blood-alcohol, testified that he believes Bisard had consumed at least eight-to-10 drinks of vodka the night before the crash. And he believes that Bisard has at least two more drinks sometime before the crash to return a blood-alcohol level of .19.
UPDATE: 3 p.m.: Dr. Alan Wayne Jones, a toxicology expert who works for a Swedish laboratory, testified that the alcohol level in a blood sample does not ever increase over time. Jones said blood stored unrefrigerated would have a significantly lower alcohol content than it had at the time the sample was taken.
Jones also said tampering with a blood vial would not be easy. He added that it was not uncommon for physicians in Sweden to miss the signs of impairment in people whose blood tests showed they were impaired.
Jones said a person can be intoxicated but not show any signs, especially someone who drinks over a long period of time.
"There is a receptor in the brain that, over time, becomes less sensitive to alcohol," he said.
UPDATE: 12 p.m.: Judge John Surbeck again addressed the issue of the emails that an IMPD major had been sending to his colleagues to brief them on the trial proceedings and witness testimony.
Surbeck said Friday that although it was "extremely unprofessional" behavior, he doubts the email flap will lead to a mistrial.
Bisard crashed into a group of motorcyclists in August 2010. Eric Wells died in the crash, and two others, Mary Wells and Kurt Weekly, were seriously injured.
Thursday's testimony centered directly on the crash and Bisard's defense team went after one of the state's star witnesses, his analysis of the crash and how he interpreted the results.
Sgt. Doug Heustis, the Metro police department's chief crash investigator, acknowledged under cross-examination by the defense, that he prepared three crash reports for the Indiana State Police, and three for the prosecution of the case. And he admitted to errors and revisions in calculations that resulted in speeds that widely differed from the State's first crash expert.
Heustis told the court that never once in his 13-years as an accident investigator had he ever been ordered to go back to the state toxicology lab to bring a blood sample back to the IMPD property room.
"That was unusual, at least in my experience," Heustis said.
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