ALLEN CO., Ind. (WISH) - Blood evidence that prosecutors say proves David Bisard was drunk when he hit three motorcyclists with his squad car in 2010 will be allowed at his trial this fall.
Allen County Judge John Surbeck issued the ruling Wednesday morning following about an hour of testimony during a pre-trial hearing.
Bisard's attorney, John Kautzman, argued that chain of custody had been broken on both vials of blood, and that clear records showing who handled the vials and where they were kept was not properly documented.
Prosecutors disagreed, filing their own motion to dismiss Kautzman's request.
"In the state's mind, the chain on vial 1 is unbroken. This has been raised time and time again in this case. And, we believe this issue has already been decided. The appeals court has ruled," said Marion County Deputy Prosecutor Denise Robinson.
"At this pint, I've heard nothing to indicate anything unresolved or any difficulty with vial 1," Surbeck replied. "I've not seen any allegation that there's a flaw other than - we don't think it's right, and we’ll prove it. That's for trial."
But, Surbeck did agree to hear further arguments on Kautzman's request to throw out vial 2 as evidence. Last year, city leaders admitted it had been stored, unrefrigerated, for at least five months in the IMPD property annex.
Kautzman is now interviewing witnesses on the stand in an effort to establish a broken timeline that could result in a successful chain of custody challenge on vial 2.
"It means a lot. You want this blood issue to be over with. The appeals court has rued on it. It's in. For them to continue the pony show on the blood, they know (if they are successful) their client walks out of here a free man," said Aaron Wells, whose son Eric was killed in the 2010 crash.
Wells said he was also troubled by a motion filed Wednesday by Robinson, alleging that she had been secretly recorded during a phone conversation and separate conversation in the prosecutor's office in May 2012 with former Deputy Public Safety Director Ellen Cochella and IMPD Sergeant Dawn Higgins.
Both reported directly to former Public Safety Director Drank Straub, she said.
Both conversations took place shortly after the admissions that vial 2 had been out of refrigeration.
Robinson argued that the conversations involved trial strategy, and thus, should be exempt from disclosure to Bisard's defense team. She told the judge she was not aware either conversation was being recorded.
Judge Surbeck ordered transcriptions of the conversations to be delivered to I'm by the end of the week, and that he would rule on what would happen to them after that.
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