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Discussion Starter · #1 · (Edited)
This just in, and unbelievable at that, I think I will follow this to the end.

Updated: Friday, 13 Aug 2010, 2:41 PM EDT
Published : Friday, 13 Aug 2010, 2:41 PM EDT
  • CHARLES WILSON,Associated Press Writer
INDIANAPOLIS (WISH) - An Indianapolis police officer who was once honored for his prolific arrests of drunken drivers could cost the city more than $1 million in legal claims stemming from a fatal crash in which he is accused of driving drunk.
Mothers Against Drunk Driving spokeswoman Dorene Englert expressed disappointment Friday in Officer David Bisard. MADD recognized Bisard in the late 1990s while he was a Noblesville police officer.
Now, he faces charges of drunken driving and reckless homicide after his cruiser crashed into two stopped motorcycles, killing one man and injuring two other people.
Meanwhile, the city has been warned it could face one lawsuit resulting from the crash, and another warning was expected to be filed Friday. Each claim is capped at $700,000.
Copyright Associated Press, Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast
 

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This link worked

http://www.wishtv.com/dpp/news/crime/cop-charged-in-fatal-crash-was-honored-by-madd-

I take that back...didnt work...Heres story

Cop charged in fatal crash was honored by MADD

Updated: Friday, 13 Aug 2010, 2:41 PM EDT
Published : Friday, 13 Aug 2010, 2:41 PM EDT
  • CHARLES WILSON,Associated Press Writer
INDIANAPOLIS (WISH) - An Indianapolis police officer who was once honored for his prolific arrests of drunken drivers could cost the city more than $1 million in legal claims stemming from a fatal crash in which he is accused of driving drunk.
Mothers Against Drunk Driving spokeswoman Dorene Englert expressed disappointment Friday in Officer David Bisard. MADD recognized Bisard in the late 1990s while he was a Noblesville police officer.
Now, he faces charges of drunken driving and reckless homicide after his cruiser crashed into two stopped motorcycles, killing one man and injuring two other people.
Meanwhile, the city has been warned it could face one lawsuit resulting from the crash, and another warning was expected to be filed Friday. Each claim is capped at $700,000.
 

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Discussion Starter · #7 ·
fixed the OP.
 

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That sux, a family member is worth a hell of a lot more than $700,000.:verymad:
 

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this story mad me sick down to my boots , a Cop Drunk On duty Kills two Innocent Bikers
The Cop KILLED The Guys, And Now the Familys See a Payday ,,,makes me Sick as well
 

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are you kidding me oink take your salary and times it by the years you have left say average 70 years old and what do you come up with? 700,000 is nothing and I make very little. Now add in all the other stuff like kids without a father and so forth im worth alot more then 700,000 I would hope.
 

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this story mad me sick down to my boots , a Cop Drunk On duty Kills two Innocent Bikers
The Cop KILLED The Guys, And Now the Familys See a Payday ,,,makes me Sick as well
Are you joking i cant believe you posted this hope something like this never happens to you.Is your life worth 700.000 dollars.
 

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No ! YOU tell me How Money Is going to Help This Situation


A person Who was supposed To Serve and Protect , Kills two Innocent People , and We are Glad some one is gonna Get Paid ,,Sad Society We live in, everything is about money
How about The Death Penalty For the Cop , That Would make me Feel better !
 

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are you kidding me oink take your salary and times it by the years you have left say average 70 years old and what do you come up with? 700,000 is nothing and I make very little. Now add in all the other stuff like kids without a father and so forth im worth alot more then 700,000 I would hope.
This is why:doh:
 

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I think I see what he means ,
the cop will get a slap on the wrist
get sent to detox , forgiven .
the taxpayers will have to pay the million $$$$ +
all sickening stuff....
 

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Know one is glad about anyone getting a so called payday he maid himself quite clear and has no explanation for his reasoning.
 

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Discussion Starter · #20 ·
Could it get any worse? New info. as the rally downtown is taking place.

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Fatal DUI Charges Against Officer May Not Hold Up

Defense Attorneys Question Validity Of Blood Draw

POSTED: 4:10 pm EDT August 13, 2010
UPDATED: 8:49 pm EDT August 13, 2010



INDIANAPOLIS -- Alcohol-related charges against an Indianapolis police officer accused of causing a fatal crash may not hold up in court, some legal experts told 6News.
Officer David Bisard, a nine-year veteran of the department, was on duty when he plowed into a group of motorcyclists stopped at a red light Aug. 6, killing Eric Wells, 30, and injuring Kurt Weekly, 44, and Mary Mills, 47.
Updated Slideshow: 1 Killed, 2 Injured When Officer Hits Motorcycles
More: David Bisard Probable Cause
According to the probable cause affidavit, Bisard registered a 0.19 blood-alcohol level about two hours after the crash when he underwent a department-required blood draw at an outpatient clinic.
But a motion filed by the defense and some legal experts are now questioning whether that blood can be used as evidence against Bisard in a criminal investigation, 6News' Jack Rinehart reported.
Both Indianapolis Metro Police Chief Paul Ciesielski and Marion County Public Safety Director Frank Straub have stressed that no one at the scene of the crash, including members of the executive staff, believed Bisard was drunk.
Under Indiana law, anyone involved in a fatality accident or one involving serious bodily injury are subject to a blood draw.
It's also the policy of Indianapolis police to draw the blood of officers involved in crashes, but those results can only be used for interdepartmental purposes, per a U.S. Supreme Court ruling.
"Evidence obtained in reference to an internal investigation cannot be used in a criminal investigation, and I'd have a strong argument representing this individual that these results should not come into a criminal case," said defense lawyer Jeff Mendes, who is not involved in Bisard's case.
So unless Bisard consented to have his blood drawn for purposes other than an internal investigation, some argue that the results of the test may be inadmissible in court.
"If they didn't have a search warrant and Officer Bisard did not give a valid legal consent for the use of that evidence against him in a criminal case, the state is going to have a very difficult time being allowed to introduce that blood draw into evidence in a criminal charge," said defense lawyer Jack Crawford, who is not involved in Bisard's case.
In a motion filed Friday challenging the suspension of Bisard's license, the defense alleges that because the probable cause affidavit makes no mention that Bisard was suspected of being intoxicated, "the chemical test was offered to him via the implied consent law without any basis whatsoever ... as a result, the defendant respectfully asserts that the state of Indiana cannot offer a test (and coercively obtain consent), and then use the results of that chemical tests in a bootstrapped attempt to justify the rationale for offering the chemical test in the first place."
More: Read The Defense Motion
Earlier this week, Ciesielski defended the department's handling of the investigation, specifically the decision to administer a blood draw of Bisard instead of a Breathalyzer test at the scene.
"There's a process that has to be done for these types of accidents, especially when there's a fatal accident involved. The process is you draw blood rather than take a breath test, because it is more accurate," he said. "If it's just a DUI arrest or just a traffic stop, the Breathalyzer machine is an accurate machine … but for these types of cases that you can be criminally charged because of a death, we want the blood test."
The police department's fatal accident crash team was called to the crash scene, but accident investigators did not call out the unit's on-call drunken driving deputy prosecutor to direct the investigation.
Ralph Staples, a former deputy prosecutor turned defense attorney, said proper criminal procedures were ignored.
"The last thing those people were probably thinking was, 'This guy has been drinking,' so the last thing in their minds was let's follow a criminal investigate procedure to determine whether or not he's got something in his system, which may muddy the waters in a criminal prosecution," he said.
At Bisard's initial court hearing on Thursday, his attorney, John Kautzman, filed a motion to preserve the blood draw, reserving the right to have it tested again by another lab.
The motion on the license suspension will be heard Thursday.
Bisard is charged with operating while under the influence causing death, a Class B felony; operating while under the influence causing death, a Class C felony; reckless homicide, a Class C felony; and four counts of operating while under the influence causing serious injury, Class C felonies.
Bisard is suspended pending termination from the department. On the most serious charge, he could be sentenced to up to 20 years in prison, if convicted.
 
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