Bisard

David Bisard and his legal team arrive to court for a hearing on the admissibility of a blood-alcohol test. The judge will announce his ruling May 31. (WISH Photo)

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Trial set for Indy officer accused of drinking and driving

Updated: Saturday, 09 Mar 2013, 8:59 AM EST
Published : Friday, 08 Mar 2013, 10:52 PM EST

FORT WAYNE, Ind. (WANE) - Allen Superior Court Judge John Surbeck has set a start date of October 15 for the trial of a suspended Indianapolis Metro police officer.  Last month, a Marion County judge ordered a change of venue for David Bisard.

Bisard is charged with operating a vehicle while intoxicated, reckless homicide and criminal recklessness.  He is accused of hitting three motorcyclists while behind the wheel of his patrol car in August 2010, killing Eric Wells, 30, and injuring Mary Mills and Kurt Weekly.

Bisard's case received a change in venue because a Marion County judge felt the extensive media coverage of the story would not give the officer a fair trial.  Denise Robinson, a deputy prosecutor in Marion County, said she felt the trial could be done fairly in Allen County.

"I think he is familiar with the case," Robinson said, when asked her thoughts on Surbeck.  The judge was given jurisdiction of the case when the change of venue was granted.  "I got the impression he's looked at the pleadings and he's aware of the history of the case and he's prepared for it."

Robinson said Friday the prosecutor's office has been part of a trial that had its venue changed to outside Marion County before, but doesn't expect there to be any differences once it begins.

"Logistically, it is a little more difficult because we have to prepare," said Robinson.  "It's not like we can run back to the prosecutor's office in Indianapolis for what we need, but we will be ready for it."

With the trial being moved more than a hundred miles north from the capitol city, some additional costs will come with it.

"We'll have some hotel expenses, some expenses to get witnesses transported, but other than that, once we're in the courtroom, it's the same as it'd be in Indianapolis," Robinson said.

The deputy prosecutor estimated the additional costs would total several thousand dollars once the trial came to an end.

Friday afternoon Surbeck said he would block out four weeks for the trial, but both sides and the judge hoped it would take less than the allotted time.

Bisard is suspended without pay until the outcome of his trial.

Bisard's defense team declined to comment following Friday's initial hearing.

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