Indiana News

County Prosecutor: We Will Still Bring David Bisard To Trial

Curry says revelation that blood sample was moved will not affect prosecution

4/17/2012


Marion County Prosecutor Terry Curry (WIBC file photo: Ray Steele)

Marion County's prosecutor says the bombshell that a vial of blood drawn from an IMPD officer was mishandled will not affect his office's efforts to bring the officer to trial for striking and killing a motorcyclist with his police car.

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"We were furious when we learned it, and we are still exceedingly upset," said prosecutor Terry Curry hours after learning that the second blood sample taken from suspended officer David Bisard had been moved to a non-refrigerated room at the police property annex, located at the police academy. The blood vial was moved sometime around November of last year, and the disclosure of it's handling led to the Tuesday resignation of IMPD Chief Paul Cieselski.

Curry says his office checked on the vial last week after a judge ruled it could be tested as part of the prosecution of Bisard. "Our deputy prosecutor verified back in October that the vial was there and was refrigerated," Curry said. "In conjunction with this hearing, we did a follow up and that's when we learned (of it's tampering)."

Curry says he met with the families affected by the Bisard case to deliver the sobering news of yet another misstep in the case today. "It's frustrating. It's absolutely frustrating," Curry said. The second vial was important to the case because the judge in the case ruled the first vial wasn't drawn properly under state law and could not be used to charge Bisard with drunk driving.

Curry says his office is working with an independent lab to determine whether the lack of refrigeration for the last six months will affect whether the vial of blood can be used as part of the prosecution. Regardless, he says the case will move forward, as he is still waiting on an appeal of the ruling on whether Bisard can be charged with DUI. "We're still waiting for the court of appeals to tell us yea or nay on what charges the blood alcohol results are admissible on. We feel we have a good argument, but no matter what the court of appeals rules, we will take this case to trial."

The prosecutor's office is also trying to determine what other cases might be affected, as blood vials other than Bisard's were also moved out of the police property room. "That is concerning to us. We will follow up immediately to find out what items of evidence were moved and what cases they relate to."

Despite this mistake, Curry says he still has confidence in the police department. "We work with our police partners every single day. We know that the vast majority of officers are professional, are committed, are dedicated and they do a great job."

Follow me on Twitter @WIBC_RaySteele

MORE FROM WIBC NEWS:
» Former Prosecutor Responds To Bisard Latest (4-17-12)
» IMPD Chief Resigns Amid Bisard Investigation (4-17-12)
» Judge Says Second Vial of David Bisard's Blood Can Be Tested (4-12-12)
» Crash Victim's Mother Says She'll Perservere Through Bisard Case Delay (3-12-12)
» Another Delay In David Bisard Case (3-9-12)
» Bisard, Prosecutors May Renew Duel Over Blood Samples (2-17-12)
» Judge Allows Blood Draw In Bisard Case (10-27-11)
» Demoted IMPD Officers Suing City (9-28-11)
» Judge Hears Arguments in David Bisard Case (5-20-11)
» Bisard Appears in Court, Hearing Set for May (3-25-11)
» Attorney Moves to Dismiss Bisard DUI Charge (2-4-11)
» Officer Accused in Fatal Crash Heads to Court (1-14-11)
» Bisard Attorney Reacts To Prosecutor's Decision (1-12-11)
» Prosecutor Reinstates DUI Charges Against Bisard (1-12-11)
» Sign Put up at Scene of Officer's Fatal Crash (12-31-10)
» Officer Demoted in Bisard Crash Is Promoted (12-29-10)
» Family Files Suit Against City in Bisard Crash Case (12-13-10)
» Straub And Owensby to Meet (12-10-10)
» Former IMPD Leader Plans To Sue City (12-9-10)
» Police Release Bisard Emails (11-11-10)
» Bisard Attorney Speaks on Release of Investigation Report (11-10-10)
» IMPD Releases Bisard Report (11-10-10)
» Crash Victim's Family Calls For Transparency (11-1-10)
» Council Committee Formed, May Review Bisard Case (10-5-10)
» Council Expected to Again Put Off Decision on Bisard Probe (9-28-10)
» Mother Of Victim In Bisard Crash Meets With Prosecutor (9-24-10)
» Council Considers Committee to Investigate Bisard Case (9-21-10)
» Bisard Drops Request for Aid from FOP (9-3-10)
» Friend of Bisard Crash Victim Searching for Answers (8-27-10)
» Judge Considers Bisard Change of Venue Request (8-27-10)
» Democrats Want Bipartisan Commission to Consider IMPD Changes (8-26-10)
» Motorcyclists Attempt To Meet With Lt. Governor (8-25-10)
» Three IMPD Officers Demoted (8-21-10)
» DUI Law Was Amended to Allow Lab Techs to Conduct Tests (8-20-10)
» Bikers Angry Over Bisard Case (8-20-10)
» IMPD Officer Charged in DUI Can Keep License (8-19-10)
» Defense: Don't Rush to Judgment Against Bisard (8-13-10)
» Victim of IMPD Crash To File Lawsuit (8-12-10)
» Expert Analyzes Arrested Officer's Alcohol Level (8-12-10)
» Cop Charged in Fatal DUI Arraigned (8-12-10)
» IMPD Officer Faces 7 Counts After Fatal Crash (8-11-10)
» City Leaders "Shocked" By IMPD Officer's Actions (8-11-10)
» IMPD: Officer in Crash Tests Positive for Alcohol (8-10-10)
» One Dead After Motorcycle Crashes Into IMPD Car (8-6-10)

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