FORT WAYNE, Indiana — A suspended Indianapolis police officer won't be going to trial earlier than his original Oct. 14 trial date because his attorneys and prosecutors could not agree Friday on another date.
The two sides will be back in court in July, though, to argue several motions introduced Friday, including a request by David Bisard's attorneys to suppress blood tests taken in 2010 that showed his blood-alcohol level to be 0.19 percent, more than twice the legal limit, The Indianapolis Star reported (http://indy.st/11IpqoP ).
Bisard was charged nearly three years ago with reckless homicide, criminal recklessness and operating a vehicle while intoxicated following a crash that killed 30-year-old motorcyclist Eric Wells. Bisard was on duty and driving a squad car.
He had been free on bond until he was arrested following an April 27 crash in Indianapolis, in which he also was charged with drunken driving. That's what led attorney John Kautzman to ask Allen Superior Judge John Surbeck to move up the trial date. Under Indiana's speedy trial rule, incarcerated defendants can request trial in 70 days.
Surbeck told Bisard that everyone was willing to rearrange other trial dates to move up the trial, but couldn't agree on a date. He asked Bisard if he understood.
"Yes," Bisard replied.
The Indiana Supreme Court in December let an Indiana Court of Appeals ruling stand saying blood taken from Bisard was drawn properly. But Kautman filed a motion Friday that the blood draw evidence be suppressed. Kautzman said his reading of the ruling was that not all of it could be used.
"We believe the court of appeals dealt with certain aspects of the blood," he said.
The prosecutor's office asked Surbeck to let it introduce evidence of Bisard being arrested in April if the defense calls character witnesses.
Bisard's case was moved to Fort Wayne because of extensive news coverage in central Indiana. If convicted, he could face 20 or more years in prison.
Information from: The Indianapolis Star, http://www.indystar.com
