VIDEO: Another Delay In David Bisard Case
Suspended IMPD officer accused in alcohol-related patrol car crash that killed motorcyclist
Deputy Marion Co. Prosecutor Denise Robinson on latest delay in David Bisard case (WIBC.com video: Ray Steele)
Still more delays in the case of suspended IMPD officer David Bisard. A judge on Friday granted Bisard's attorneys more time to respond to a request by prosecutors to test a second vial of Bisard's blood drawn after his patrol car crashed into two motorcycles, killing a biker and injuring two others.
Attorneys for Bisard now have until March 26th to decide what to do next. "They may raise simply a legal argument, and if they raise a legal argument, that is set for an accelerated hearing," said Deputy Marion County prosecutor Denise Robinson. "If they want to have an evidentiary hearing, then the judge has granted us some additional time because obviously we would have to respond to that."
Robinson filed the motion to have the second vial tested because the test on the first vial was thrown out because Superior Court Judge Grant Hawkins ruled the person who drew the blood was not legally qualified to do so. Hawkins is allowing prosecutors to bring reckless homicide and criminal recklessness charges against Bisard in the death of Eric Wells, but not a drunk driving charge.
Robinson also wants a DNA test on the second vial of blood to prove that both vials were indeed taken from Bisard. "We believe the defense will try to argue that the first vial was contaminated in some manner, or that the test was flawed in some manner. Having the second vial independently tested by a lab will corroborate the test result"
This means the next hearing in the case won't take place until April or May, depending on the type of hearing the defense requests, and the wait is tough for Wells's mother. "He was my baby," said Mary Wells. "No matter how long - we still have birthdays. He just had a birthday a couple weeks ago. We still have to go through those without him. It's painful every time I come in."
Mary Wells, mother of Eric Wells, the motorcyclist killed in crash with David Bisard's patrol car (WIBC.com video: Ray Steele)