FORT WAYNE, Ind. (WISH) - Inconsistencies between testimony delivered by two key witnesses in the David Bisard trial were brought to light in court Monday afternoon.
The trial entered its second week with a shift in focus to the critical blood evidence that showed Bisard had a blood alcohol content of .19 the day of the fatal crash for which he was charged.
Attorneys spent the majority of the day questioning two people most involved in the blood draw that took place at Methodist Occupational Health Clinic on Aug. 6, 2010.
Michelle Johnson was the medical assistant who drew two vials of Bisard's blood. Former Lawrence Police Lt. Stan Stephens witnessed the draw and was responsible through his duty on the Fatal Alcohol Crash Team (FACT) to deliver the vials to the Indianapolis police property room.
Johnson was questioned about her education, training and the process used to take the blood from the defendant that day. Defense attorney John Kautzman used cross examination to further question whether Johnson had been certified to perform blood alcohol draws.
The medical assistant had not received a license for the practice but said she had on-the-job training for such by a certified technician.
The practice of inverting the blood vials was a focus of Johnson's time on the stand with Kautzman.
It was confirmed through testimony that without appropriate maneuvers of the blood vials immediately after they were filled, it would be possible for fermentation to take place in the vial due to a preservative within the vial.
Johnson testified that she performed a figure-eight pattern with each vial several times as trained.
Several recollections made under oath about events in the clinic exam room varied between Johnson and Stephens. The two remembered details differently including whether the vials were inverted as Johnson testified.
24-Hour News 8 trial analyst, Mike Loomis suggested the inconsistencies could affect the State's requirement to prove its case beyond a reasonable doubt.
"John Kautzman effectively used his cross-examination of Lt. Stan Stephens to contradict direct testimony of State witness Michelle Johnson," Loomis said. "Defense has created confusion at this point, which may lend itself to 'reasonable doubt' during [the] jury's deliberations later."
Testimonies did match up when it came to Johnson's and Stephens' individual observations of Bisard. Neither noticed signs of intoxication.
After examination by attorneys, jury members have the opportunity to submit questions to witnesses. More questions were asked by the jury of Johnson than any others called to the stand to that point in the trial.
Bisard has been accused of driving his squad car while intoxicated into a group of stopped motorcycles. The crash killed Eric Wells, 30, and severely injured two others.
Thousands of people in Indianapolis were without power early Thursday morning.
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Mintonye Elementary School may be ready to open in August, but Southwestern Middle School won't be ready. That's the preliminary assessment Superintendent Scott Hanback told the Tippecanoe School Corporation school board Wednesday evening.