The blood evidence that may prove David Bisard to be guilty of drunk driving is in.
Fox59 has learned that Public Safety was spying on the prosecutor during the controversy. Now, the former police chief and Eric Wells’ family is saying, ‘See we told you IMPD was corrupt.’
It was a wild day in Allen County Superior Court Wednesday.
The suspended IMPD officer walked in handcuffs to hear motions to limit what the jury can know about the day his patrol car slammed into three motorcyclists in Indianapolis back in 2010, killing Eric Wells and seriously injuring two others.
Judge John Surbeck ruled that the Marion County prosecutor can tell jurors about a vial of Bisard’s blood that reportedly shows he had a blood alcohol level of .19 that morning.
“We’re alleging that his blood alcohol content was in excess of two times the legal limit and getting vial one certainly gives us that evidence,” said Denise Robinson, Deputy Prosecutor.
“I don’t think anything has been ruled upon today and that’s why we’re going to wait and see what the court does,” said John Kautzman, Bisard’s defense attorney.
It was also revealed that IMPD Sergeant Dawn Higgins and former Public Safety Deputy Director Ellen Corcella secretly tape recorded two conversations with lead Prosecutor Denise Robinson talking about trial strategy and evidence.
“I can’t say that it was sabotage. I’m not going to say that. Certainly in more than 20 years of being a prosecutor, I’ve never heard of this happening and it’s never happened to me,” said Robinson.
Detective Kevin Wethington admitted Corcella, who was the number two in command under then-Public Safety Director Frank Straub, told him to go to IMPD’s internal affairs unit secretly one night to take the Bisard investigation files.
He said that Straub later told him to secretly download the emails of then-Police Chief Paul Ciesielski to find out what the chief knew about the Bisard investigation.
Bisard’s blood then sat unrefrigerated in an IMPD property room for five months.
“I was not aware that IMPD was secretly recording conversations with the prosecutors,” said Aaron Wells, Eric’s father. “That I did not know.”
Reporter: “Does that shock you at this point?”
Wells: “No, nothing they do would shock me at this point.”
Denise Robinson says she doesn’t know why Frank Straub and his people ordered surveillance or the taking of files, emails and secret audio tapes.
All of this happened in late April of 2012, right after Straub announced he was on a quest to clean up 50 years of law enforcement corruption in Indianapolis.