Judge to rule on venue, date of Indianapolis police Officer David Bisard's trial

Hearing to be held Thursday

INDIANAPOLIS - A judge could rule Thursday when and where the trial of Indianapolis police Officer David Bisard will be held.

Judge Grant Hawkins is set to rule on a change of venue request from Bisard's defense team and may also set a trial date.

Bisard faces charges of operating a vehicle while intoxicated and reckless homicide in an August 2010 crash when his police cruiser slammed into a group of motorcycles, killing Eric Wells, 30, and injuring two others.

In the aftermath of the crash, testing of one vial of blood showed Bisard's blood-alcohol content was 0.19, police said, but the test was dismissed because the blood draw did not follow police protocol.

A second vial of blood was placed in police custody, but it was discovered earlier this year that it had been moved from the police property room and left unrefrigerated for months.

The second vial has been tested for DNA and alcohol, but the results have not been made public.

Bisard's hearing Thursday is set for 3 p.m. Bisard's attorney told RTV6 he believes Thursday's hearing will update status and that no decision will be made on a change of venue.

Former Marion County Superior Court Judge Gary Miller said the change of venue decision is a difficult one.

"Based upon general rules, the issue is can it be fair and impartial and set aside their own personal feelings about what they've heard and make a decision based upon the law and the evidence as it is presented," Miller said.

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