IMPD: No criminal intent in moving of Bisard blood vial

INDIANAPOLIS (WISH) - There was no criminal intent in the transfer of a vial of blood connected to the Officer David Bisard case , an investigation into the problem revealed.

Instead, the report lays out a series of missteps and lack of standard operating procedures that led to a second vial of Bisard's blood being removed from refrigeration.

Department of Public Safety officials on Friday released final reports into the transfer of the second vial of Bisard’s blood from the IMPD property room refrigerator into an unrefrigerated property room.

• SPECIAL SECTION | Follow the ins and outs of the case

The report further confirms what I-Team 8 broke Wednesday evening.

Although the FBI was asked to investigate the incident, the agency declined to investigate because it believed there was no criminal intent.  The FBI withdrew from the investigation, agreeing with DPS that it was an administrative error.

Two vials of blood were taken the day that Bisard crashed into motorcyclists stopped at a light at 56th and Brendon Way on Indy's far northeast side.  That crash killed Eric Wells and injured two others.  It took days for the blood tests to come back.   Police and prosecutors said Bisard's blood measured a .19 blood-alcohol content, more than two times the legal limit allowed to drive.

The blood that tested over the legal limit is the first vial of blood that was taken. It's the second vial of blood that's been in question since April 17, when DPS officials revealed that it had not been stored in a refrigerated unit. The lack of refrigeration could compromise the result of testing done on that blood. It was to be tested to see if results were the same as the first vial and to have DNA testing done to confirm it was Bisard's blood. Whether the second vial of blood is still viable is being determined. The report states that the second vial had not been opened or compromised in any other way.

The Marion County prosecutor's office said lack of refrigeration would not affect the DNA testing. It still wants an independent lab to determine whether it's still possible to text for intoxicants after the period without refrigeration. Bisard's lawyers, however, have challenged a judge's ruling - before the evidence error came to light - that would have allowed independent testing of the second vial of blood.

REPORT CONCLUSIONS

• The report comes to the conclusion that since the day of the crash, it was important to handle the Bisard case evidence with "meticulous care and impeccable professionalism."
• A series of missteps led to Vial 2 being removed from refrigeration for 22 weeks.
• Investigation revealed "signficant administrative, supervisory and operational issues" in how IMPD handles evidence and property management.
• There is no differentiation in how evidence and non-evidentiary property is handled.
• No standard operating procedures and/or outdated procedures in property room.
• No protocol for storing, handling and monitoring forensic evidence.
• Civilian staff not properly supervised by IMPD command personnel.
• Lack of training for IMPD sworn and civilian personnel.

The Department of Public Safety will not release further comments about the report.  In a statement, Director Frank Straub was quoted, “This incident shows the continued need to update and modernize IMPD policies, procedures, and practices. A few simple steps such as update policies and procedures, management oversight, and training could have prevented this unfortunate error from happening.”

IMPD says it is now reviewing property room operations and is developing new rules and regulations on how evidence and other property is handled.

The Marion County Prosecutor's Office released this statement:

"Our office has reviewed the report, and we have been assured that the investigation into this matter is complete.  We have similarly been assured that the property room practices which contributed to the events described in the report are being addressed to make certain that there will not be similar problems in the future. We will continue, as we have all along, with the prosecution of the case against Officer David Bisard."

The prosecutor's office said it does not appear that any other cases were negatively impacted by evidence transfers.

BLOOD VIAL TRANSFER TIMELINE

August 6, 2010
Crash kills 1, injures 2
2 Vials of Blood Drawn from Bisard
Vial Stored in Property Room Refrigerator

August 9, 2010
Vial 2 Sent to Indiana State Department of Toxicology

August 25, 2010
Vial 2 Returned to IMPD Property Room Refrigerator

November 3, 2011
Vial 2 Transferred to Property Room Annex J (No Refrigeration)

April 5, 2012
Vial 2 Returned to Property Room Refrigerator