INDIANAPOLIS - An Allen County judge has ruled to allow a second vial of blood to be used as evidence in the case of suspended officer David Bisard on Tuesday.
Judge Surbeck has ruled that both vials of blood can be used as evidence after the defense filed a motion to suppress that evidence on the grounds that the person who took the blood sample was not qualified.
The ruling says there is no legal impediment to the admission of either vial.
The second vial had been questioned since it was left unrefrigerated in a police property room for five months before it was tested.
Tests on the first vial have shown that Bisard's blood-alcohol content was 0.19 percent when he crashed his cruiser into a group of motorcyclists in August 2010. That crash resulted in the death of one motorcyclist and seriously injured two others.
Surbeck made two other significant pretrial rulings including that the jury will not be sequestered. The case has already been moved to Allen County because of pretrial publicity.
He also ruled the defense will not get a recording or transcript of a recorded phone call with the lead prosecutor in the case. The conversation was secretly recorded by police.
Bisard's trial is set for October. He is charged with DUI causing death and reckless homicide.
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