New timeline details mishandling and investigation of Bisard blood vial

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As the result of a Fox59 News investigation, the Marion County Prosecutor's Office is supplying the attorney for patrolman David Bisard a new and more complete accounting of the alleged mishandling of a crucial piece of blood evidence.

Bisard is accused of running down three motorcyclists and killing one in August of 2010.

Fox59 News has learned the FBI may be inquiring into the timeline revealed by our investigation.

Prosecutor Terry Curry said even though a vial of Bisard's blood was transferred from a refrigerated property room at police headquarters last November, it wasn't until earlier this month that his chief trial deputy sent an IMPD officer to inquire about its location.

"It is true that on April 4, Denise Robinson, our deputy prosecutor, met with Detective (Doug) Huestis and in preparation for the hearing the following week requested him to check on the vials."

Within the next few days, so-called Vial II was returned from a warm shelf in an annex property room on the east side to the refrigerator at IMPD headquarters. Curry said it was only later, just before a hearing in Judge Grant Hawkins' courtroom April 12, that Robinson, reacting to conversations with officers, began wondering whether the blood had been kept cold the previous six months.

"Prosecutor Robinson focused on that again the following week and then she for the first time became concerned whether there was a refrigerator at the annex."

Those concerns were never raised before Judge Grant Hawkins on April 12, and that concerns Bisard defense attorney John Kautzman.

"There's clear cut duties on a prosecutor to be a foot soldier in the seeking of truth and we need to make sure everybody is trying to uphold their professional obligations in doing that."

Curry said the day after the hearing, Friday, April 13, his staff began making more detailed inquiries into the status of the blood sample and whether six months at room temperature had degraded its value as evidence. He said Detective Huestis learned at 7:15 a.m. this past Monday that the annex lab had no refrigerator and within an hour Police Chief Paul Ciesielski, who would resign the next day because of this mix up, was told.

Judge Hawkins has not yet signed the order to send the vial of blood to a Texas laboratory for testing of the presence of alcohol and DNA. Two vials of Bisard's blood, one possibly degraded in the property room annex and the other that was probably stored at police headquarters, remain refrigerated at the IMPD main property room.

As a result of Fox59's investigation, the prosecutor's office is reviewing its investigation into the mishandling of the blood sample and updating the defense.

Kautzman said he is reviewing the court transcripts from last week's hearing to determine if the prosecutors office misled the judge or the defense and he will likely file a motion to oppose the testing of the blood in Vial II because of this new information.

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