David Bisard's defense team moves to sequester jury, suppress IMPD, FBI testimony

Undecided motions to be argued in July

FORT WAYNE, Ind. - Attorneys for suspended Indianapolis police officer David Bisard want to sequester the jury and limit the testimony of some investigators during their client's trial.

The defense filed several motions in Allen County court Friday, including one to limit testimony of IMPD officers and FBI agents who conducted post-accident interviews on the grounds that it would be hearsay.

Bisard will go on trial in October for the 2010 alcohol-related crash that killed motorcyclist Eric Wells, 30, and injured two others.

The defense also moved Friday to limit statements from former Marion County Prosecutor Carl Brizzi, who withdrew alcohol-related charges because he doubted the blood draw that was taken at the scene of the crash would be admissible in court.

Prosecutors petitioned the court to let them use evidence from Bisard's April 27 arrest -- a second alcohol-related crash -- in the October trial. The evidence from the second arrest could be used to establish a pattern of behavior and to counter testimony of any character witnesses called by the defense.

"We believe the facts from the 2013 arrest are strikingly similar and therefore, if the defense were to raise the issue, we think we should have the right to rebut it with the 2013 (arrest)," said Deputy Prosecutor Denise Robinson.

However, not everyone is so sure that Bisard's second DUI arrest should be admitted at trial.

"It's a separate situation altogether. I have always believed that this man never quit drinking or driving," said Aaron Wells, father of the victim killed in the 2010 crash.

The only motion that was decided in court Friday was the defense's request to move the trial date up, which was denied because of scheduling conflicts. The trial is still planned for Oct. 14.

"The client is in jail and we feel good about the defense in this case, so we thought it was important to try to move the trial date up. I think everyone tried their best to see if we could pick a new two to three week slot to have this trial, but we just couldn't get it done," said Bisard's attorney John Kautzman.

The judge has asked both sides to meet by July 1 to schedule two days in July to argue the undecided motions.

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