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Friday, May 31, 2013

Ind. Courts - "Prosecutor might ask that latest DUI be admitted in David Bisard trial"

Updating this most recent ILB entry from May 9th, John Tuohy's story in this morning's IndyStar story reports:

The Marion County prosecutor was expected to request that details from David Bisard’s ­recent drunken-driving arrest be admitted at his trial in a fatal alcohol-related crash in 2010.

At a hearing in Fort Wayne today, prosecutors will enter several motions, one of which could assert that the circumstances and the behavior of the suspended Indianapolis police officer were similar in both arrests and, therefore, relevant. * * *

At the earlier hearing in Allen County, Bisard’s lawyer, John Kautzman, quizzed a Lawrence detective about seeing signs of drunkenness in Bisard.

The state contends that the new arrest shows Bisard is simply skilled at concealing intoxication.

Evidence from one arrest is seldom admitted in the trial for another. But there are some exceptions, and Surbeck will have the final say.

Indianapolis defense attorney Jack Crawford predicted there was little chance the judge would allow the Lawrence arrest into evidence.

“It is after the fact, and it is what is called bad character evidence that the prosecution would like to have in there as showing a pattern of drinking and driving,” he said. “I seriously doubt this judge or any judge would allow it.”

Crawford said the later arrest could be admitted at trial if Bisard makes his good character an issue. Evidence of past actions are sometimes allowed in domestic violence cases involving the same victims and same offender, Crawford said.

“Otherwise, that information is extremely preju­dicial and is normally not allowed,” he said.

Posted by Marcia Oddi on May 31, 2013 09:12 AM
Posted to Indiana Courts