INDIANAPOLIS (WISH) - Suspended IMPD Officer David Bisard returned to an Allen County courtroom Friday, where defense attorneys once again asked a judge throw out critical blood evidence in the case.
Bisard was charged with driving drunk for the second time in April. His blood alcohol level tested at nearly three times the legal limit after he crashed a pickup truck in Lawrence.
Because of the charges facing him from his first DUI arrest stemming from the August 2010 crash that killed Eric Wells, 30 and injured two others, Judge John Surbeck, Jr. ordered Bisard to be held in jail without bond until his trial in mid-October.
Following that order, Bisard's attorney, John Kautzman, told the judge he planned to ask for the start date to be moved up. He filed that motion Friday, asking for a "speedy trial" within 70 days. After nearly 30 minutes of scheduling, the two sides determined a new trial date wouldn't be possible.
The original trial date of October 14 will remain.
Prosecutors filed notice this week that they had complied with Judge Surbeck's order for discovery to be completed prior to Friday's hearing, according to court records.
The state presented a motion in court Friday to present the 2013 DUI charge as evidence in the 2010 case due to similarities between the offenses.
Court documents say one of those similarities is the use of items to hide evidence of drinking. Investigators found chewing tobacco, gum, cough drops and Tic-Tac breath mints when Bisard crashed his truck in April 2013.
Kautzman also asked for the jury to be sequestered during trial. He also has three separate requests to suppress blood evidence in the case.
"I think only one aspect of the [blood draw] issue was decided by the appeals court. And, I'm not going to comment on the evidence. We'll deal with that in court," John Kautzman said.
Court filings show Kautzman plans to challenge chain of custody on at least one of the blood vials drawn that day.
Prosecutors contend those blood tests prove Bisard was drunk on the day of the 2010 crash. Kautzman says the blood was improperly drawn. Those arguments will now be presented in front of a judge for the second time.
Marion County Deputy Prosecutor Denise Robinson said she believes the issue has already been decided.
"If I were the defense attorney, I would want to file a motion to suppress the blood evidence in the case. But, we believe the court of appeals was pretty clear in its ruling," Robinson said.
Robinson also filed a motion to suppress comments made about the case and the admissibility of the blood evidence by former Marion County Prosecutor Carl Brizzi.
"He made some statements, primarily to the media. And we don't believe his opinion binds the current administration, particularly since the court of appeals has spoken."
Kautzman also filed a request with the judge for the jury to be sequestered during trial.
"Based on [the media] being here, not only down in Indianapolis, but now in Fort Wayne as well, it seems like media coverage of he case is never going to cease. Andy therefore we have some concerns over the impartiality of the jury pool," he said.
Aaron Wells, Eric Wells' father, said the additional delays in the case have been frustrating, but that he was satisfied waiting until October for the trial.
"The wheels are turning," Wells said. "They turn slowly, but they turn. We just have to be patient. It is hard because it's right there in your face everyday. Whether you're in a hearing room or not. It can't come quick enough. The end can't come quick enough."
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