Court: Indy cop's blood can be used in trial

INDIANAPOLIS (WISH) - Blood evidence in the case against David Bisard can be used at trial, after the Indiana Supreme Court rejected an appeal in the case.

Bisard’s attorney, John Kautzman, had appealed a Sept. 12 opinion from the Indiana Court of Appeals, asking the Indiana Supreme Court to take on the case. The court rejected that request Monday.

According to court documents filed Monday, Justices voted on whether the court would take the case.

“Each participating member of the court has had the opportunity to voice that Justice’s views on the case in conference with the other justices,” the report said.

A disposition report issued on the case late Monday listed all judges concurring with the decision except for Chief Justice Brent Dickson who voted in favor of hearing the case. Justice Mark Massa did not participate in the decision, the report said.

Prosecutors contend that blood drawn from Bisard the day he is accused of hitting three motorcyclists with his IMPD patrol car proves he was legally drunk at the time. The crash killed 30-year-old Eric Wells and seriously injured two other riders.

Marion County Superior Court Judge Grant Hawkins initially ruled that the blood was improperly drawn, and could not be used as evidence in the case. That ruling was overturned on appeal in September.

Marion County prosecutor Terry Curry released the following statement about Monday’s decision:

“The ruling of the Indiana Supreme Court today makes final the Court of Appeals opinion establishing that the blood draw performed on Officer David Bisard on August 6, 2010 was appropriate for the purposes of both the operating a vehicle while intoxicated and the criminal recklessness charges,” Curry said. “We are thus confident that we can now move forward to a trial of this matter in 2013.”

But, Kautzman said he still plans to challenge the blood sample during the trial for other reasons, and a jury might not find it credible.

"We're obviously disappointed, but we were encouraged that Chief Justice Dickson was willing to hear the case. But, I think we can still convince the judge that [the blood evidence] is not admissible. There are still problems with it, including with chain of custody," Kautzman told 24-Hour News 8's Troy Kehoe.

Kautzman said decisions on evidence will also depend on the judge who hears the case.

"We still don't know if Judge [Grant] Hawkins will hear the case or not," he said.

Bisard has been suspended from the department since the crash. Hawkins ruled last week that his trial will not be held in Central Indiana , due to extensive media coverage of the case.