From Huffington Post
INDIANAPOLIS — A blood sample from an Indianapolis police officer accused of drunken driving and causing a fatal crash can be used as evidence in the criminal case against him, an appeals court ruled Wednesday, overturning a lower court ruling barring the sample due to concerns over how it was obtained.
The Indiana Court of Appeals ruled that a Marion County judge erred in determining the blood drawn from Officer David Bisard after the Aug. 6, 2010, crash was inadmissible. Bisard’s cruiser slammed into two motorcycles stopped at a light, killing 30-year-old Eric Wells and critically injuring two other people.
Bisard’s lawyer, John Kautzman, said he was considering asking the Indiana Supreme Court to review the decision. But Marion County Prosecutor Terry Curry noted the high court could decline to hear the case, leaving the appellate court’s ruling to stand.
Regardless, Kautzman said the decision wasn’t a “knockout blow” to the defense. Prosecutors still must prove a clear chain of custody before ….MORE