David Bisard files appeal in conviction of 2010 fatal crash
4:38 PM, Jul 23, 2014
6:46 PM, Jul 23, 2014
INDIANAPOLIS - Lawyers for former Indianapolis Metropolitan Police Department Officer Davis Bisard filed an appeal Wednesday after he was convicted in 2013 for a fatal crash.
Bisard was convicted in November in Allen County for drunken driving killing a motorcyclist and injuring two others, but he believes a number of errors occurred during the trial.
The brief filed by the Marion County Public Defenders Office cited three areas of concern.
The appeal claimed that Bisard was denied the opportunity to present a defense when the State presented expert testimony about what it means to be a "tolerant drinker." The appeal claims that Bisard was denied an opportunity to present evidence that he was not a "tolerant drinker" without opening to the door to evidence of another drunken driving arrest in Lawrence.
The appeal also claimed that the trial court abused its discretion and denied Bisard his constitutional right to an impartial jury after it failed to order a mistrial due to juror misconduct. A juror was excused after conducting research about breathalyzers on the internet and reporting findings to other jurors.
Lastly, the appeal claimed that the judge imposed too harsh of a sentence after ruling that he abused a position of trust.
Bisard was sentenced to 13 years in prison for the 2010 crash. The appeal moves to the Attorney General's office for a review and response.