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Bisard's Attorney Responds To Blood Mishandling Discovery

Last updated on Wednesday, April 18, 2012

(INDIANAPOLIS) - Attorneys for suspended Indianapolis metro police officer David Bisard released a statement on his behalf late Tuesday after a recent discovery in the investigation of a deadly crash.

Bisard was on duty when he struck motorcyclists stopped at a red light on Aug. 6, 2010, killing Eric Wells and injuring Kurt Weekly and Mary Mills, police said.

A blood test administered about two hours after the crash showed that Bisard had a blood-alcohol content level of 0.19 percent.

Bisard was charged with seven felonies, but former Marion County Prosecutor Carl Brizzi withdrew alcohol-related charges because he doubted the evidence would be admissible in court because standard procedures weren't followed in the way the evidence was procured.

On Tuesday, it was discovered that a second vial of blood drawn shortly after the crash was mishandled by police, officials said.

Mayor Greg Ballard and Public Safety Director Frank Straub said during a news conference that the vial had been mishandled in the police property room and that the FBI was being brought in to investigate possible criminal intent.

Bisard's attorney, John Kautzman, said in a statement that his client was surprised to learn of the discovery.

"We first reiterate our ongoing sympathy for the Wells family and Mr. and Mrs. Weekly. This case has tragically affected many families, including the Bisards," Kautzman stated. "We were surprised to learn that the second vial of blood was removed from the IMPD property room and has remained in an unrefrigerated state for the past five months. This is particularly troublesome given that the judge previously put in place an evidence preservation order. (Tuesday's) revelations regarding the mishandling of the blood sample further adds to the serious problems we have already demonstrated in court about the irregularities with the blood draw procedure itself."

Kautzman said he believed the second vial could no longer be used as evidence in the case.

"There can be no doubt that this blood sample is tainted beyond repair and a test of the blood would produce an unreliable and unusable result," he said.

Marion County Prosecutor Terry Curry stressed that his office did not authorize or order the second vial of blood to be moved and said that he is "exceedingly concerned" about the mishandling.

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