Ex-judge gives insight to Bisard case

INDIANAPOLIS (WISH) - There's been a conversation on our WISH-TV Facebook page about the charges being re-filed in the David Bisard case.

We took some of those questions to former Marion County Criminal Court Judge Gary Miller.

Viewer, Gary, asked about the public influence in this case and with the ambiguity of this law will the charges stick?

"This case has gotten a lot of publicity and it was a campaign issue. Terry Curry met one of his campaign goals, one of his campaign promises by reexamining this case and re-filing it. So I think the public influence is pretty great," said Miller.

Another viewer, Jason, wanted to know with the alcohol charge being reinstated will Bisard have to be re-arrested.

Judge Miller explained, "He will not have to be re-arrested. The judge can allow him to stay out on the current bond that he has. Bond is only set to insure that a person is going to appear in court and it's not a punitive measure. So the judge will likely leave the bond as it is. He will not have to be re-arrested. It's just a formal process of advising a criminal defendant of the new charges being filed."

Prosecutor Terry Curry feels a judge should be the one to decide whether Bisard's blood alcohol tests are admissible.

The former prosecutor felt otherwise citing Bisard's blood draw was done by the wrong person at the wrong place.

It's a statute that one state legislator authored and a law that changed about five months before the deadly crash.
"Legislators try very carefully to be specific, use very specific language, when they write these laws. Unfortunately, what they intend at the time turns out not necessarily to be what gets interpreted in a court or by judges," said Miller. "Everybody has their own perspective when they get on the bench and judges can have different opinions. That's why we have an Indiana Court of Appeals, that's why we have the Indiana Superior Court.”

Judge Miller also said its probable Bisard's defense attorney will ask for a change of venue because of all the publicity surrounding the case.