Marion County prosecutors have filed a motion in the case of suspended Indianapolis police Officer David Bisard to test a second vial of blood drawn on the day of the 2010 crash in which one person was killed and two people were seriously injured.
A blood test administered about two hours after the crash showed that Bisard, 37, who was on duty at the time, had a blood-alcohol content level of 0.19 percent when he when he struck motorcyclists stopped at a red light, killing Eric Wells and injuring Kurt Weekly and Mary Mills, police said.
The state has now asked that a second vial of blood, which has been kept refrigerated in the police property room, be tested for alcohol and DNA.
"The state believes that testing the second vial of the defendant's blood to determine the ethyl alcohol content is necessary to affirm the accuracy and authenticity of the initial blood alcohol content results," the motion states.
Prosecutors said they believe the defense may try to contend that the original vial of blood does not belong to Bisard.
"While the state has confidence in the Indianapolis-Marion County Forensic Services Agency, the state believes the defense will make an issue of the second vial at trial if it is not tested for the presence of ethyl alcohol," the motion states.
Police and FBI investigations of the crash showed that of 67 eyewitnesses, including firefighters, paramedics and a doctor, none said they believed Bisard was impaired or had even been drinking.
Bisard's attorney, John Kautzman, said there have been questions surrounding the blood draw from the beginning.
"Whether or not it was contaminated, whether or not these were any errors in the testing. There's a whole myriad of issues regarding the drawing and testing of that blood," he said.
A judge ruled in October that the blood-alcohol evidence would be used to support a charge of criminal recklessness against Bisard.
Bisard was initially charged with seven felonies, but former Marion County Prosecutor Carl Brizzi withdrew alcohol-related charges after learning standard procedures weren't followed in the way the evidence was procured.
A judge ruled in May that the blood-alcohol evidence could not be used to bring charges of drunken driving, but left it open that the results could be used to prove the other charge.
The case will be back in court Friday.
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