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Thursday, April 19, 2012

Ind. Courts - "Movement of Bisard blood sample violated court order"

That is the heading of WRTV's story last evening by Richard Essex and Jeremy Brilliant. It follows on this ILB entry from April 13th, headed "Bisard case: New DNA, alcohol tests ordered - Ruling is victory for prosecutors in drawn-out case." From the WRTV story:

The movement of a blood sample from IMPD Officer David Bisard that ultimately led to the resignation of the police chief violated a court order.

All blood evidence is stored in the basement of the City County Building downtown. It is the only place equipped with refrigerators. The court order regarding the evidence stated that the blood samples have to be secured and maintained.

There is no question on how procedures are to be followed, directions are plastered on the wall of the property room where the samples were supposed to be kept. But someone took the vials from an evidence refrigerator halfway across town to a regular, unrefrigerated storage area at the police annex on Post Road.

"We don't know if that was something intentional or some massive mistake. We don't know," said Marion County Prosecutor Terry Curry.

Here, from the IndyStar yesterday, is a statement from the prosecutor, headed:
"Prosecutor: Moving Bisard evidence should not affect case."“During the process of requesting permission to test the second vial of blood drawn from Officer David Bisard, our office became aware that this sample had been moved from a refrigerated environment in the Indianapolis Metropolitan Police Department property room to an unrefrigerated environment at the property room annex. This office did not authorize or order the second vial of blood to be moved.

We are currently working with an independent lab to clarify the implications of testing the blood from the second vial, and do not yet know if or how the blood was affected. We do not know the events that transpired causing Officer Bisard’s blood to be moved while in IMPD’s custody, and we are exceedingly concerned that it occurred. I met with the victims and victims’ families this morning at 11a.m. to inform them.

At this time, we do not believe these developments will negatively impact the prosecution of this case. Regardless of these developments, this office is continuing to move forward with the prosecution against Officer Bisard.”

Posted by Marcia Oddi on April 19, 2012 09:45 AM
Posted to Indiana Courts