Comments on Advance Indiana™: Attorney For Bisard Victims Wrongly Accused Bisard Of Purchasing Alcohol At CVS

If I were a body language expert, I would have sai...

2010-11-12T06:17:56.784-05:00

If I were a body language expert, I would have said that Deputy Chief Cunningham was reading a report containing parts she didn't agree with or even want to read aloud. Certain parts she stumbled over as if she either didn't write them, or didn't believe them. But, that's just me the amateur speaking.

Also, I noticed that Director Straub, Ph.D. was staring at the Deputy Chief for some reason during her entire recitation. I would have assumed that the Mayor and Director Straub, Ph.D. would have been watching the audience, trying to guage their reactions (if any), rather than watching the speaker. Silly me.

The third message from heaven... If any man worshi...

2010-11-12T05:11:11.366-05:00

The third message from heaven...
If any man worship the beast and his image, and receive his mark in his forehead, or in his hand, The same shall drink of the wine of the wrath of God, which is poured out without mixture into the cup of his indignation; and he shall be tormented with fire and brimstone in the presence of the holy angels, and in the presence of the Lamb: And the smoke of their torment ascendeth up for ever and ever: and they have no rest day nor night, who worship the beast and his image, and whosoever receiveth the mark of his name.

I wish the Supreme Court would initiate an ethics ...

2010-11-11T15:57:19.154-05:00

I wish the Supreme Court would initiate an ethics investigation into this ambulance chaser. I believe he brought the bar into disrepute.

So, Herr DOC-TOR Straub still managed to hide his ...

2010-11-11T15:40:10.425-05:00

So, Herr DOC-TOR Straub still managed to hide his arrogance, conceit, and disdain for ordinary people by taking three reports and "consolidating" them into the ONE report that the public gets the privilege of seeing.
That way, people will still not know that he called the three staff members away from the accident scene in order for them to "stand behind him" at a news conference.
Yep. That is transparency, all right!

Full text of the report here: http://www.indystar....

2010-11-11T10:44:45.828-05:00

Full text of the report here: http://www.indystar.com/assets/pdf/BG1666511110.PDF

The problem here is the rumors you read about on v...

2010-11-11T05:24:35.525-05:00

The problem here is the rumors you read about on various internet forums/blogs. There is one saying that Bisard did have alcohol in his system, but the result should have been .019, not .19. This would be shocking, because if true, that means someone in the crime lab, whom I believe did the blood testing (not the draw), made a mistake. Such a mistake could cause big problems for all pending DUI cases where blood was drawn and then tested at the same lab.

So either Bisard is a functional alcoholic, or he had some drinks the day before and was still at a .019 when he was working. Either way, Bisard still had a duty to drive safely. While there are rumors of a constant brake issue with his vehicle, eventually, as an officer, you have to forgo your take home, personal office for a shared one (pool car). My guess is that his defense team will use the brake issue to try to get him off on the criminal charges. However, the merit board members may question him as to why he constantly drove a car that had constant brake problems, if that is the case.

It is going to be interesting on how this unfolds. Hopefully the truth will come out, and that second vile of blood will be tested by an independent laboratory sometime in the future. To me, the testing of that second vile will show Bisard's true guilt or innocence when it comes to driving drunk.

This thing stinks to high heaven. There is a stri...

2010-11-10T23:51:45.368-05:00

This thing stinks to high heaven.

There is a string of coincidences and omissions in this chain of events that defies belief. Bisard refuses to cooperate. IMPD just HAPPENS to send one of their own to a unqualified blood draw, SIX months after the law was changed. This report just HAPPENS to come out a week after the election. Bisard, thru the suppresion of the alcohol test and the strange failure of his breaks, will just HAPPEN to get off scott-free. EVERYbody's brakes always fail right after their car is serviced.

Right....

And not that Bisard is one, but anybody who has been around alcoholics KNOWS that an alky with a .19 can look completely unimpaired because they are so used to being drunk.

The WOS is that the FBI account was extremely damn...

2010-11-10T23:29:49.544-05:00

The WOS is that the FBI account was extremely damning of both Straub and Ciesielski.

Notice the change in tenor from open transparency where everybody can see everything, to a redacted version that evidently took the better part of a month to sift through, proofread, and edit.

I'm not seeing any surprises in this report. If anybody expected the internal investigation, considering who had final say-so, to show anything less than conclusive support for Straub and Ciesielski's decisions that day, well....

AI - I've read the entire report now and am sa...

2010-11-10T22:47:08.820-05:00

AI - I've read the entire report now and am satisfied that the tests were performed appropriately. I wasn't sure if the test was actually conducted at a lab other than a forensic crime lab where validated procedures are used.

After reading the entire report, I have to tell you that I don't think the guy was drunk. It is impossible to mask the effects of alcohol, especially at a level of .19%BAC, on a horizontal gaze nystagmus test. This test was clearly described in the report as being conducted by a physician prior to the draw.

A couple of things in the report stick out to me: the constant, and constistent statements of witnesses who had close contact with Bisard and were absolutely shocked to learn that he was intoxicated at a .19%BAC; the clear statement from the reconstructionist that the ABS system failed immediately after the brakes had been serviced just two hours before; and the evidence that Bisard was emailing on his MDT immediately prior to the crash while driving 73mph; and the fact that the blood evidence was not processed for quite some time (Aug 6 - Aug 9 it sat in the property room).

I also don't think this report was edited to make the city or Dr. Straub look more favorable. If anything, it will cause them more problems and raise more questions.

At this point, I am most concerned about the chain of custody and the possibility that the samples were tainted. No statements were included from Stephens and Walton that any markings or seals he placed on the evidence were intact and did not appear to be tampered with. They include a picture of the vacutainer, why not these statements? They will certainly arise in a criminal proceeding.

The report suggested the only potential mistake ma...

2010-11-10T21:21:18.338-05:00

The report suggested the only potential mistake made during the blood testing was the use of an alcohol swab, which the police officer quickly pointed out to the person who made the blood draw, and the error was avoided. The report indicates the person who tested the blood was very experienced. Not sure how she could have made that big of a mistake. She seemed emphatic that she followed proper procedures and reconfirmed her test results.

AI, I believe that evidence will evetually come to...

2010-11-10T20:53:33.756-05:00

AI, I believe that evidence will evetually come to light that Bisard wasn't intoxicated at all. This whole episode has never made sense and a cover up on this scale is not feasible or even warranted.

I think perhaps the sample was subjected to a substitution or transposition error. The facility that handled the test certainly seemed to be incompetent at every step. Sadly, I don't think the city knows, or has considered the possibility that the sample is in error. In regular DUI cases techs draw two vacutainers of blood. I wonder if that was done in this case and if that evidence was preserved. We won't likely know until the evidentiary stage of a criminal proceeding.