Judge: State can test 2 vials of David Bisard's blood

INDIANAPOLIS (WISH) - Two vials of blood taken from Indianapolis Metropolitan Police Officer David Bisard can be tested for alcohol and DNA, a Marion County judge ruled Thursday.

Attorneys for the state wanted to test both of the blood vials connected to the fatal crash between Bisard in his patrol car and motorcyclists in Indianapolis. Bisard’s attorneys opposed the state testing a second vial of blood.

The judge wants the protocol for how the blood will be tested written out so everyone knows the procedures. The testing will be completed within the next 30 days, and defense attorneys can be present during the testing.

Prosecutor Denise Robinson said by testing that vial, she hopes to find out the truth.

"The judge granted the state's motion, and so we'll be preceding according to the court order," Robinson said.

Judge Grant Hawkins also said the defense has the right to be present when that testing happens.

"It's a right of the defendant. We're not going to certainly be able to control what happens," said Bisard's attorney John Kautzman, "so I'm not sure it gives us a lot of control over the effort, if we're just allowed to be a fly on the wall, but we'll look at that issue."

The judge set a July 12 hearing on other issues in the case, and set an Aug. 17 deadline for lawyers to file any motions connected to the science in the case, including accident reconstruction.

Bisard was initially charged with seven felonies in connection with the crash. But, former Marion County Prosecutor Carl Brizzi withdrew all alcohol-related charges after questions about how the blood was drawn. The charges were re-filed last year after current Prosecutor Terry Curry took office, but a judge said last May that the blood test could not be used to prove drunken driving charges because it was improperly drawn.

The judge did leave open the possibility that the blood test could be used to prove criminal recklessness charges.

The judge said if everything goes right, a trial could come as early as October.

One of the victims, Mary Mills was in the courtroom for Thursday's hearing. So was Aaron Wells, whose son Eric Wells was killed in the crash.

Wells said he doesn't think this trial can be over soon enough.