Court reverses Bisard blood decision

INDIANAPOLIS (WISH) - An Indiana appeals court has reversed a decision related to a key piece of evidence in the David Bisard case.

Bisard has faced charges after driving his patrol car into a group of motorcycles, killing one person and seriously injuring two others.

The blood taken from Bisard — who is accused of being drunk at the time of the crash — became a point of contention in the courts because it was drawn by a person Bisard's attorneys said wasn't qualified to take the blood. Indiana Code stipulates what people can draw blood in a situation like Bisard's, and the woman wasn't on the list.

However, on Wednesday, the court of appeals opinion cited another part of Indiana Code that describes the type of people able to draw blood, saying the person who took Bisard's blood fell under one of those categories. The court wrote the differing sets of code likely produced "results that the General Assembly never contemplated and did not intend."

In the court's conclusion, it stated the woman who took Bisard's blood "was trained in obtaining bodily substance samples" and followed her employer's protocol.

It was a big break for Marion County Prosecutor Terry Curry.

"We have said from day one, it was appropriate for the court to make a decision," said Curry. "We had very compelling arguments that the blood draw was appropriate."

Defense Attorney John Kautzman expressed frustration that decision was over turned.

" We were obviously very disappointed,"said Kautzman.

But despite the court's ruling, Kautzman said this is not the final decision.

"You need to remeber this isn't the end of the case," said Kautzman. "The court has to make the finding that it is reliable."