Bisard, Prosecutors May Renew Duel Over Blood Samples
Hearing set for next month on request for DNA test
David Bisard is charged with reckless homicide from a 2010 crash. (WIBC.com file photo)
Prosecutors will ask a judge next month to order Indy Metro Police officer David Bisard to give a DNA sample.
Bisard is charged with reckless homicide in a 2010 crash which killed a motorcyclist. Deputy prosecutor Denise Robinson says the DNA is needed to counter a defense suggestion that a blood sample taken after the crash isn't really his.
Defense attorney John Kautzman says he needs to review the request before deciding whether to fight it. He's also considering asking the court to throw out the blood draw on grounds Bisard didn't give consent.
The sample has already had a checkered history -- Kautzman is appealing a decision to allow it despite some deviations from state-mandated procedures. Former prosecutor Carl Brizzi dropped DUI charges against Bisard, declaring the blood draw wouldn't stand up in court.
A judge agreed with Brizzi's successor, Terry Curry, that the sample could still be introduced as part of the reckless homicide case.