FBI finds 'no criminal intent' in the mishandling of Bisard blood evidence

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The Indianapolis Department of Public Safety released its final report Friday in the internal investigation into the mishandling of evident in the David Bisard case.

According to the Indianapolis Metropolitan Police Department, the Federal Bureau of Investigation (FBI) found “no criminal intent on the part of the parties involved.”  Furthermore, the FBI found the transfer of a second blood vial in the Bisard case resulted from administrative errors.  As a result, they said the FBI declined to investigate. 

“This incident shows the continued need to update and modernize IMPD policies, procedures, and practices,” said Director of Public Safety Frank Straub in a statement Friday. “A few simple steps such as update policies and procedures, management oversight, and training could have prevented this unfortunate error from happening.”

Bisard faces criminal charges for the August 6, 2010, on-duty accident that killed motorcyclist Eric Wells and injured two other people. A disputed blood alcohol test determined Bisard was more than two and a half times over the legal limit for alcohol at the time of the crash.


After the crash, two vials of blood were drawn from Bisard. In early April, the second vial of blood was transferred from an IMPD property room refrigerator to an unrefrigerated property room annex, possibly rendering the vial useless as evidence in the criminal trial of the IMPD officer.

According to the internal report released Friday, the second vial of blood was removed from the property room on Nov. 3, 2011 and remained unrefrigerated until April 5, 2012.  The investigation found the cap securing the blood sample on vial two was never removed and the seal still remains intact.

The report stated the removal of the vial was because of “a lack of clear policies and procedures, inadequate supervision and a failure to properly safeguard the Bisard evidence.”  The investigation found the IMPD property room does not have procedures or policies for many of its duties and responsibilities and there are no storage or handling procedures for blood evidence.  Additionally, it stated workers in the property room and its IMPD commander were not properly trained in evidence handling.

“To the extent that policies and procedures exist, they are outdated, poorly constructed, and do not provide adequate guidance or protocols for the demands placed on IMPD property room personnel,” read the report in part. “Direct responsibility for the operation of the IMPD Property Room is placed in the hands of civilian personnel. The IMPD command staff does not provide sufficient oversight of the Property Room.”

The Department of Public Safety said IMPD is developing new rules and regulations regarding the property room’s operations and management.  They said additional recommendations will be released in a separate report.


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