Indianapolis police actions called into question. An investigator discovers a lack of certification for a medical assistant and health clinic.
Questions about how Indianapolis police have handled a fatal drunken-driving investigation of one of their own officers became that much more pointed Thursday.
Marion County Prosecutor Carl Brizzi announced he would drop the most serious charges against officer David Bisard. Why? Because Bisard's fellow police officers had botched the case.
One victim's family called the dismissal a "travesty." A legal expert said the police ineptness leaves the public with little choice but to wonder whether the bungled case was more than an accident. And Mayor Greg Ballard has become increasingly frustrated as he seeks answers, as well.
Bisard surrendered after prosecutors learned a blood test had shown his blood-alcohol level was 0.19 -- more than twice the level at which an Indiana driver is considered intoxicated.
But that arrest didn't come until five days after the crash because of the lag in test results. The delay in arresting Bisard drew scrutiny from some -- as did the fact that no officers conducted field-sobriety or breath tests of Bisard at the scene.
Prosecutor Carl Brizzi said his investigators doubled back on the handling of the blood test this week and discovered that a medical assistant who drew Bisard's blood at an occupational health clinic lacked the certification required for a criminal case. Therefore the test results would almost certainly be inadmissible
in court.
An officer involved in the investigation visited Bisard at the clinic, where he was being treated just after the crash for injuries to his arms and his head, to obtain his consent for a blood draw. IMPD uses the facility to treat officers injured on duty.
But instead of having the blood drawn there, Brizzi said, the officer should have taken Bisard to a hospital, a more common venue for blood draws in drunken-driving investigations.
Bisard's attorney, John Kautzman, issued a statement commending Brizzi's office "for coming forward early with the candid admission that the facility and med tech were not properly certified." He said Bisard will continue to defend himself against the remaining charges.
Links:
http://www.indystar.com/article/20100820/NEWS02/8200335/1001/NEWS/Straub-The-system-failed-in-cop-s-arrest
http://www.indystar.com/article/99999999/news06/100813056