FORT WAYNE, Ind. - No action was taken Monday on a number of motions filed to determine the admissibility of evidence in suspended officer David Bisard’s pending October trial for driving drunk and causing death.
A Fort Wayne judge set aside Monday and Tuesday to hear as many as 10 different legal arguments to decide the kind of evidence that would be admissible in Bisard’s trial.
Most of the focus was on arguments about whether evidence from his April 27 DUI arrest in Lawrence should be heard in the 2010 drunken driving case.
The state hoped to show a pattern of conduct of driving drunk and covering it up.
In the August 2010 drunken driving crash that killed Eric Wells and injured two others, Bisard was driven to a clinic for a blood draw, but not before officers stopped at a gas station and allowed him to purchase smokeless tobacco.
Along with Fraternal Order of Police representation on scene, it was just one of many accommodations that Bisard received in what would become a criminal case.
“We were presenting evidence to show that for whatever reason, David Bisard was treated differently, and that is something we should be able to explore at trial,” said Marion County Deputy Prosecutor Denise Robinson.
The court didn't hear several other state motions that would have prohibited Bisard from calling character witnesses, or a motion that would have prohibited statements from former Prosecutor Carl Brizzi regarding his opinions on the inadmissibility of the controversial handling of the blood alcohol in the August 2010 crash.
For the parents of Eric Wells, Monday was a day of unfulfilled expectations.
“We would have liked to have seen all of this presented today. It didn’t work that way, but we will be back on the 28th and hopefully get it finished up,” said Aaron Wells, father of victim Eric Wells.
A new round of hearings was set for Aug. 28. One of the motions up for debate is Bisard’s controversial blood draw in the 2010 case.
Bisard’s lawyers were trying to get the motion dismissed and tossed out as evidence.
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