Prosecutor: We do not believe that blood draw is admissible as evidence

INDIANAPOLIS (WISH) - Marion County Prosecutor Carl Brizzi said in a news conference Thursday that the evidence that shows Officer Dave Bisard was drunk at the time of the fatal accident may not be admissible in court.

Brizzi said his office has discovered the blood draw process may have been faulty, meaning it would not be acceptable to use evidence against the officer. The draw was conducted by a lab tech, not a phlebotomist and was also not done at a hospital as required by the law.

Indianapolis Public Safety Director Frank Straub also said the Federal Bureau of Investigation has been called in to investigate the investigation into the incident.

"Our investigation failed," Straub told the media as he announced Lieutenant George Crooks, the man in charge of the Fatal Alcohol Crash Team's investigation, has been removed from his post. Straub cited the investigation's failure as the reason for reassigning the lieutenant.

"We are embarrassed," Straub said, "regardless we still have officers who come to work to do their job with respect and integrity. These incidents are not indicative of the IMPD."

The blood test in question shows that Bisard’s blood alcohol content level was more than twice the legal limit when he plowed into two motorcycles, killing one person and seriously injuring two others.

Bisard won another battle Thursday when a judge granted a motion to restore his driver’s license.

A Marion County judge ruled that the automatic suspension of Bisard’s driver’s license was invalid since none of the officers at the scene mentioned that Bisard was drunk in their case reports.

Prosecutor Carl Brizzi addressed the judge saying that there were officers on the scene who are trained to recognize the signs of drunken drivers. Someone at the scene, he says, must have recognized that he was drunk.

"Based upon what has transpired the past couple days after the accident, that I have serious concerns about how the case was investigated on the Friday that it occurred," Brizzi told reporters Thursday.

MAYOR BALLARD SPEAKS OUT

Indianapolis Mayor Greg Ballard held a news conference Thursday night where he told the assembled reporters that the city won’t stand for corruption within its ranks.

Ballard said it is his intention to make sure the investigation into any wrong doing is done openly and transparently.

The mayor addressed concerns that fellow officers “cocooned” Officer Bisard following the fatal crash by saying any wrong doing would be investigated.
 

Bisard's attorney released the following statement:

"Earlier today we obtained a significant favorable ruling regarding the lack of probable cause as it relates to the license suspension. The next step was for us to examine the blood draw protocol to see if the required steps were followed. We commend the Marion County Prosecutor’s Office for coming forward early with the candid admission that the facility and Med. Tech were not properly certified. Obviously, the failure to follow the appropriate standards and protocals meant that the blood draw result obtained was no longer reliable. However, several significant criminal charges remain pending against our client, and we will continue to move forward with the defense of Officer Bisard."