A judge has ruled that a vial of Indianapolis police Officer David Bisard's blood that was mishandled after 2010's fatal crash can be tested for alcohol.
Bisard faces a reckless homicide charge for the August 2010 accident when his police cruiser slammed into a group of motorcycles, killing one person and injuring two others.
In the aftermath of the crash, testing of one vial of blood showed Bisard's blood-alcohol content was 0.19, police said, but the test was dismissed because the blood draw did not follow police protocol.
A second vial of blood was placed in police custody, but it was discovered earlier this year that it had been moved from the police property room and left unrefrigerated for months.
Bisard's attorney argued that the blood's viability could not be determined and, therefore, should not be tested.
But Judge Grant Hawkins said Thursday that the seal on the second vial of blood was not broken, and he ordered it to be tested at a lab in Texas.
"We don't think there's any issue with the second vial," said Marion County Prosecutor Terry Curry. "We know it went to the annex. It shouldn't have. It did. It came back and, as we said at that time and again today, anything about whether that's compromised the blood is speculation at this point."
Bisard will also provide a DNA sample for crosschecking with both vials of blood.
The prosecutor's office also called out Bisard's defense team, who they claim has made assertions and allegations outside the scope of the official court record.
"Statements to the effect that the blood is corrupted based on the fact that it was unrefrigerated. That's not been established in any way," Curry said. "Secondly, statements about the brakes on the car. No experts whatsoever have examined the car."
Earlier this year, a law firm representing the estate of Eric Wells, who was killed in the crash, reached a $1.55 million settlement
in its civil suit against Bisard, the Indianapolis Metropolitan Police Department and the city.
The next hearing in the criminal case is scheduled for Sept. 6.
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