Documents follow trail of Bisard blood evidence

INDIANAPOLIS (AP) - Police documents outlining the handling of blood samples taken from an Indianapolis police officer accused of causing a fatal crash while driving drunk show that the vials were not disturbed when officials opened the packaging.

The documents were submitted to a Marion County judge Friday as part of a legal dispute over whether David Bisard's blood can be used as evidence in his trial on reckless homicide and other charges.

• SPECIAL SECTION | Track the ins and outs of the David Bisard case

Bisard was on his way to help serve a warrant Aug. 6, 2010, when his cruiser plowed into two motorcycles at a stoplight, killing 30-year-old Eric Wells and injuring two other people. A blood test given two hours after the crash showed Bisard had a blood-alcohol level of 0.19, more than twice the legal limit of 0.08.

Earlier this year, Judge Grant Hawkins threw out that blood test because the blood wasn't drawn at a hospital by someone legally certified to do so, forcing prosecutors to drop drunken driving charges. Prosecutors then sought to have a second sample tested for DNA and alcohol content, but defense attorneys sought to have it barred, arguing that the sample was tainted because it was left unrefrigerated for several months.

Prosecutors argue the vials were never opened, even though the packaging was, and the blood should be allowed to be used as evidence.

Earlier this month, Hawkins ruled that prosecutors could have the blood tested, provided they could document how the samples were handled by police. If prosecutors did so, he said, the order would go into effect July 30.

Marion County Chief Deputy Prosecutor David Rimstidt said the spreadsheet filed in court Friday "establishes what we believe the facts were."

Defense attorney John Kautzman said he had not had a chance to review the documents and did not want to comment.

Rimstidt said that if the judge agrees, the blood will be sent to a Texas lab where it will be tested for DNA to confirm it is Bisard's. Experts also will determine whether it is suitable to be tested for alcohol content, he said.

However, he said, even if the blood test shows Bisard was over the legal limit, prosecutors could not refile drunken driving charges against him until the Indiana Court of Appeals rules on pre-trial appeals by both sides.

"The Court of Appeals has to give us the green light on that," Rimstidt said.

He said he did not know when a ruling could be expected.