Bisard's attorney reacts to report

INDIANAPOLIS (WISH) - Inadequate supervision, a lack of clear policies and failure to properly safeguard the blood evidence.

Those are three conclusions made in the IMPD investigation into the mishandling of the Officer David Bisard blood evidence.

"It further confirms much of the information we've been learning throughout the case as to the serious problems with the evidence in this case," said John Kautzman, attorney for Bisard, who has been in the spotlight since he crashed his patrol car into a group of motorcyclists in August 2010, killing one of them.

Hours after the crash, two vials of blood were drawn from Bisard. The latest report focuses on the mishandling of vial No. 2 .

Property room staff failed to properly mark the packaging and note that a judge had issued a special court order to preserve the evidence.

According to IMPD, the vial was mistakenly removed from the property room refrigerator and sent to a non-refrigerated storage area, where it sat for five months.

The prosecutor's office wants to send the blood to an independent lab for testing, first to see if it is still viable, then to test for alcohol.

If the mishandling of vial No. 2 ruined the blood sample, the prosecutor’s office said it will rely on additional testing from Bisard vial No. 1 which, they said, was always refrigerated.

Kautzman questions that assertion.

“We haven't even had the opportunity to see what happened to vial one. They might assert it was refrigerated, they might assert it hasn't been touched, we don't know that ... . So I have no idea not only to the sanctity of vial 2 but to the sanctity of vial 1."

Kautzman said he will continue his fight to have all the blood evidence thrown out. He has already filed a motion for the judge to reconsider the order to allow the state to do additional testing . The IMPD property room report will supplement the motion to reconsider.

The next court date is set for July 12.