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Saturday, August 13, 2011

Ind. Courts - "IMPD Officer David Bisard's trial could be delayed another year."

Deanna Dewberry of WISHTV had this story late last evening. Some quotes:

INDIANAPOLIS (WISH) - IMPD Officer David Bisard's trial could be delayed another year. That was the word Friday from Marion Superior Court Judge Grant Hawkins. The delay will allow the Indiana Court of Appeals to hear evidence in the case before it goes to trial. The process is called an interlocutory appeal.

IMPD officer David Bisard hit three motorcyclists last August, killing one of them. A blood test found that his blood alcohol level was .19. That’s more than twice the legal limit. In May of this year, Marion Superior Court Judge Grant Hawkins threw out the blood alcohol evidence in the DUI cases against Bisard because the medical technician who drew Bisard's blood did not follow protocol mandated by state law.

Prosecutors want to appeal that decision. Friday, Judge Hawkins reluctantly granted permission to appeal to the Indiana Court of Appeals. Hawkins was concerned about the number of pre-trial motions, and each could be appealed. Each appeal will further delay the trial.

"If I allow the appeal, I could lose jurisdiction of the case until the court [Indiana Court of Appeals] rules," Hawkins told the attorneys. Hawkins preferred to rule on all the pre-trial motions first, then certify appeals on all his decisions at the same time.

But state law mandates that interlocutory appeal certification occur within 30 days of the lower court's decision. Prosecutors feared that waiting to certify the appeal on the blood alcohol evidence in the DUI cases might violate state law. * * *

Asked how long it might take before Bisard goes to trial, Robinson answered, "If we get a quick ruling [from the Indiana Court of Appeals] - speaking very optimistically - we could go to trial by the early or mid part of 2012."

But defense attorneys are planning to file a motion asking that the blood alcohol evidence be thrown out in the criminal recklessness cases against Bisard as well. Hearings and appeals on that issue could further delay the trial.

Robinson told Judge Hawkins she will consult with the state attorney general's office to learn whether Judge Hawkins can proceed with a hearing on admission of the blood alcohol evidence in the criminal recklessness cases before the interlocutory appeals process is complete.

If Hawkins is able to proceed, the defense will file a motion to suppress evidence in the criminal recklessness cases on September 16th. The state will respond on October 14th, and a hearing will be held on October 27th at 1:30 p.m.

Posted by Marcia Oddi on August 13, 2011 09:25 AM
Posted to Indiana Courts