Here’s where to find FOX59 on Comcast’s Xfinity

Prosecutors seek to use Bisard’s recent arrest in reckless homicide trial

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

Suspended police officer David Bisard said just one word at a pretrial hearing Friday: “Yes.”

The embattled IMPD officer was asked by the judge if an Oct. 14 trial date was still acceptable to him, despite his request for a speedy trial on reckless homicide charges.

Bisard’s lawyers filed that motion for a speedy trial on Friday, along with several others, but because of scheduling conflicts, attorneys were not able to find a date that would work for both sides.

“It makes sense to have justice sooner rather than later,” said John Kautzman. Bisard’s attorney. “But we just couldn’t accommodate the court’s calendar and all the lawyers’ calendars to move the date up, so we’ll just have to live with that.”

“It can’t end quick enough for any of us,” said Aaron Wells, whose son Eric was killed in the crash involving Bisard in August 2010. “But at the same time, you have to be patient.”

Bisard’s lawyers also filed a motion to sequester the jury and also asked the judge to suppress blood evidence taken after the 2010 crash that showed Bisard was intoxicated – evidence an appeals court already decided was admissible in court.

“Obviously if I were the defense attorney, I would want to file a motion to suppress the blood evidence in the case, but we believe the Court of Appeals was pretty clear in its ruling,” said assistant Marion County Prosecutor Denise Robinson.

“We believe the Court of Appeals decision dealt with certain aspects of the admissibility of the blood draw, but not all the aspects of that question,” said Kautzman.

The prosecution filed three motions Friday, asking the judge not to allow character evidence, and to allow for the possibility of evidence relating to Bisard’s latest alcohol-related crash in April.

“We believe the defense may try to raise at trial the lack of obvious intoxication from the 2010 arrest,” Robinson said. “We believe the facts from 2013 are strikingly similar and therefore if the defense were to raise the issue, we think we should have the right to rebut it with the (evidence from) 2013.”

“It shows a pattern,” said Mary Mills, who was injured in the 2010 crash. “He had to have an alcohol problem.”

Bisard will be back in court in late July for a hearing on the motions that were filed in court on Friday.

Allen County Judge John Surbeck had already ordered Bisard to remain in jail until his trial on reckless homicide charges.

Surbeck ordered Bisard’s bond revoked as a result of his April 27 arrest in Lawrence, when his vehicle ran off the road and struck a guardrail in the Geist area. The judge said Bisard’s arrest demonstrates disdain for authority of the court and shows he is a risk to the general public.

A blood alcohol test showed Bisard was nearly three times above the legal limit for alcohol, and a bottle of vodka was found in his truck. Since that time, Bisard has remained in custody.