FORT WAYNE, Ind. (WISH) - Evidence used to put suspended IMPD officer David Bisard back behind bars was released Friday. It gives new insight into why an Allen County judge revoked his bond after a second drunk driving arrest.
The stack of documents reviewed by Judge John Surbeck, Jr. totals more than 100 pages. They shaped his decision last May , when he ruled that David Bisard should remain in jail until his trial this fall.
Bisard is accused of driving his squad car while drunk in August 2010, hitting three motorcyclists, including Eric Wells, who was killed.
He was released on $10,000 bond while awaiting trial, but was arrested again in April 2013 after a second crash in Lawrence.
At a bond revocation hearing on May 9, prosecutors entered two 911 calls made the day of the crash into evidence. The first caller reports a pickup truck driving erratically on Pendleton Pike in Lawrence, telling the dispatcher, "He's swerving really bad. I think he's drunk."
Then, 15 minutes later, a second call is made reporting the crash.
When the dispatcher asked if Bisard was injured, the caller said, "He says he's not, but I think he's drunk."
The dispatcher then tells the caller to "keep an eye on" Bisard.
"If he leaves, give us a call back," she says.
"He's stuck," the caller replies. "I don't think he can."
Prosecutors presented those calls during the bond revocation hearing, along with photos of the damaged pickup truck and a photo of a half empty Dark Eyes vodka bottle, found behind the driver's seat.
Prosecutors also presented sworn testimony from the Lawrence Police detective who tested Bisard's blood alcohol that day. Lab tests later showed Bisard's blood-alcohol content at 0.22 — nearly three times the legal limit.
The table filled with defense evidence entered at the bond hearing was even more heavily stacked.
Bisard's attorney John Kautzman entered a myriad of documents into evidence, including the original affidavit from Bisard's first crash in 2010 and the terms of his release on bond. Emails from the prosecutor's office about his surety bond and court records from his first arrest were also entered as evidence.
Kautzman argued to the judge during the hearing that none of the documents specified that a new arrest violated the terms of his original bond.
The judge disagreed, and ordered Bisard to remain in jail until his trial this fall.
"Our emphasis is to balance the importance and need for a fair and impartial trial for the defendant against the need for the media to know and provide information for the public," said Allen County Superior Court Executive Jerry Noble.
Kautzman also entered records showing Bisard complied with court-ordered substance abuse evaluations, and submitted emails from Marion County Community Corrections outlining options for GPS tracking and alcohol monitoring if Bisard were to be placed on home detention instead of jail.
A final email entered as evidence outlined that Bisard was still eligible to receive IMPD Employee Assistance Program benefits, which include substance abuse treatment options, since he is still an "active employee," according to the EAP program coordinator.
Asked if the release of the evidence to the public prior to the trial could cause problems for any potential appeal, Noble said he didn't think so.
"This is not common, but it may become more common in the future, especially with cases that have high public interest. I really can't speak to issues of prejudice and so on. I do know that this is in the public record, and that, as such, it is something members of the public and the media and so forth have the right to know," he said.
Bisard remained in the Marion County Jail Friday and did not appear for Friday's evidence release. Prosecutors and defense attorneys were also absent.
Bisard will return to Allen County court at the end of July, when Judge Surbeck will hear on several new motions, including one filed by Kautzman to again throw out the critical blood evidence in the first case.
The trial in the first case is set to begin on Oct. 14 and could take as much as a month.
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