FORT WAYNE, Ind. - An Allen County judge ruled that a vial of Officer David Bisard's blood can be used in his prosecution.
The defense had filed a motion to suppress that evidence on the grounds that the person who took the blood sample was not qualified.
An appeals court denied the defense's request, and the judge in Allen County upheld that court's decision Wednesday.
The blood sample in question indicated that Bisard's blood alcohol content was .19 at the time of an August 2010 crash that killed one and severely injured two others.
A second vial of Bisard's blood is now in question, as the defense tries to keep it from being used as evidence in the trial because of chain of custody issues with the sample.
Marion County Prosecutor Terry Curry defended his office's performance in Judge Grant Hawkins' order to preserve the second vial of blood. He said he was unaware that blood evidence had been moved from the main property room in downtown Indianapolis to the annex, which did not have refrigeration.
He said when he became of aware of that, he informed the court.
"Any suggestion we concealed anything is not true," Curry said.
Curry declined to comment further beyond his testimony to the court.
"I was subpoenaed by the defense to testify. I honored that subpoena. I've testified. I'll leave it at that," he said.
RTV6 talked to Aaron Wells, the father of Eric Wells -- the motorcyclist who was killed in the 2010 crash involving Bisard.
"I always thought [the blood sample] could be used anyway, especially after the court of appeals ruled," Wells said. "The defense is all about smoke and mirrors."
About talk that the police department has conspired to protect Bisard, Wells had this to say: "The department has played this thing. I was asked earlier, 'Do you believe there was a conspiracy?' I believe there was an obstruction of justice."
Watch RTV6 and refresh this page for updates as the trial continues.