Judge sets trial date for David Bisard

FORT WAYNE, Ind. (WISH) - The new judge overseeing the IMPD Officer David Bisard case set a trial date on Friday.

The case  moved to Allen County.

Judge John Surbeck set a trial date of Oct. 15 and blocked off four weeks for the trial.

"I cannot conceive this case would take more than two to two-and-a-half weeks. But, we'll block the time off," Surbeck told attorneys in the case.

Surbeck took over the case after it moved to Fort Wayne following the granting of a change of venue request by Bisard’s attorney last month. Thousand of files, motions and exhibits had to be moved to Fort Wayne in preparation for the trial.

Both sides have agreed the move will present unique challenges.

"Logistically, it is a little more difficult, because we have to prepare," said Marion County Deputy Prosecutor Denise Robinson. "It’s not like we can run back to the prosecutor’s office in Indianapolis for what we need. But, we’ll be ready for it.”

Robinson said she was unsure what additional costs might be incurred, but that hotel rooms, transportation costs and logistics of calling witnesses more than 100 miles away would undoubtedly drive them up.

"Probably several thousand dollars, anyway," she said. "The Allen County prosecutor’s office has agreed to assist us, and we appreciate that. But, at the same time, we’ll have some hotel expense and some expense to transport witnesses. But, other than that, once we actually get into the courtroom, it’s the same as it would be in Indianapolis.”

Bisard is accused of hitting three motorcyclists with his squad car in August 2010, killing 30-year-old Eric Wells, and injuring two other motorcyclists . Prosecutors say Bisard was drunk at the time.

Marion County Judge Grant Hawkins initially said blood evidence that prosecutors say proves Bisard was drunk was inadmissible in court because it was improperly drawn. An appeals court overturned that decision.

On Friday, Bisard's attorney said he plans to again file a motion to suppress the blood evidence due to chain of custody issues. He did not speak with the media following Friday's hearing. Victims and family members in the case did not attend Friday's hearing.

"He’ll file whatever motions he deems appropriate, and we’ll respond to them," Robinson said, referencing Kautzman's intent to file new motions on the blood evidence.

Prosecutors do not anticipate filing any additional "significant" motions, Robinson told the judge.

Judge Surbeck also set several new deadlines in the case Friday, citing the extreme length of the case thus far.

"It is disconcerting that after two years, we're still having new stuff, new discovery coming up," he told the two sides.

Because of that, Surbeck said he will require all final motions to be filed in the case by May 31. Preliminary witness lists and final discovery must take place by May 1, he ruled.

Bisard is set to appear before Judge Surbeck again for another pre-trial conference hearing on May 31.

"We’re pleased to get a trial date," Robinson said. "It’s time to move this case forward. So, we finally have a date to work towards.”

Click here for a timeline of events in the Bisard case.