Curry: IMPD Disobeyed Court Orders In Bisard Case

Blood Vials Mishandled Despite Preservation Order, Prosecutor Says

The Marion County Prosecutor’s Office said the Indianapolis Metro Police Department disobeyed court orders involving evidence in the case against embattled IMPD officer David Bisard.

Bisard faces a reckless homicide charge in the August 2010 accident when his police cruiser slammed into a group of motorcycles, killing one person and injuring two others.

IMPD admitted in April that a vial of Bisard’s blood stored in the IMPD property room was mishandled. Marion County Prosecutor Terry Curry said IMPD removed the controversial blood vials from their sealed envelopes, despite a preservation order from the court, RTV6’s Jack Rinehart reported.

On April 16, Curry’s office discovered that police had moved officer Bisard's untested second blood sample from the property room to an unrefrigerated storage unit, where it sat for five months.

"We wanted to make sure nothing inappropriate had been done that might disrupt the chain of custody or create additional arguments for tampering with evidence. Secondly, we were furious that all of this had been done without notice to us either before or after it had occurred,” Curry said.

Bisard attorney John Kautzman said the police handling of the blood vials created chain of custody issues and he asked a judge that results from the blood vial tests be blocked.

"We do now think without a doubt, those samples cannot be trusted. The integrity, the reliability of the samples cannot be trusted,” Kautzman said.

In a letter to Mayor Greg Ballard, Curry characterized IMPD’s handling of the blood samples as reckless and irresponsible, and he called for the immediate removal of Public Safety Director Frank Straub and the commander of the department's professional standards unit.

"I've got to tell you honestly, this is really a non-issue to me. I don't think this is an issue. I'm afraid we're hurting the families to be honest with you by keeping this sort of thing in the headlines,” Ballard said.

Straub said he plans to remain in his position until Aug. 1.

City officials are expected to release the results of the investigation into the blood vial mishandling case later this week.

Print this article Back to Top