ILNews

Ex-IMPD officer claims juror misconduct, denied due process

Back to TopCommentsE-mailPrintBookmark and Share

The former Indianapolis police officer convicted of killing one motorcyclist and injuring two others when he hit them while driving his patrol car in 2010 argues in his brief filed Wednesday that he is entitled to a new trial. David Bisard’s public defender raises three claims, including Bisard was denied his right to an impartial jury based on Internet research conducted by a juror.

Bisard was found guilty of seven counts, including Class B felony operating a motor vehicle with a BAC 0.15 or higher causing death, based on the crash that killed Eric Wells and injured Mary Mills and Kurt Weekly. The trial was moved to Allen County based on pre-trial publicity, and Allen Superior Judge John Surbeck sentenced Bisard to 16 years with three suspended. He filed his appeal in December 2013.

His attorney Victoria Bailey argues that Surbeck denied Bisard of his constitutional right to an impartial jury by failing to order a mistrial after learning that a juror had researched online information on blood alcohol testing and told the other jurors what he found. That juror was removed from the jury and the trial continued with the remaining jurors.

Bisard’s attorney also claims he was denied the due process right to present a defense to the state’s implication that he was a “tolerant drinker.” The state argued – and the trial court agreed – that Bisard could not present his evidence that he was not a tolerant drinker as of Aug. 6, 2010 – the date of the crash – without opening the door for the state to present evidence of Bisard’s 2013 arrest for drunken driving.

While on bail awaiting trial on the 2010 incident, Bisard was arrested in Indianapolis and charged with misdemeanor OWI and operating a vehicle with a BAC of 0.15 grams or greater. A blood draw after the accident revealed a BAC of 0.22. He pleaded guilty to Count 1 in February.

The brief also claims the trial court abused its discretion when it aggravated Bisard’s sentence upon a finding that he abused a position of trust.

Bisard is seeking a new trial, or if that motion is denied, then to reduce his sentence, claiming the mitigating factors – including his service as a Marine and police officer – outweigh the aggravating factors.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

ADVERTISEMENT