Comments on Advance Indiana™: Mishandling Of Officers' DUI Resulting In Death Further Splits IMPD And Straub

Yes, skunks rule Indianapolis.

2010-08-21T19:29:29.439-05:00

Yes, skunks rule Indianapolis.

It's the law but still preposterous that this ...

2010-08-20T14:47:50.340-05:00

It's the law but still preposterous that this blood draw was someone tainted by the technician. The Probable Cause Affidavit states that a betadine solution was used and not an alcohol swab. That eliminates one major possibility of contamination. It also suggests the blood draw was done competently and not in ignorance of the contamination issues with using alcohol.

It is possible that Bisard didn't have any alc...

2010-08-20T11:27:30.292-05:00

It is possible that Bisard didn't have any alcohol in his system and wasn't intoxicated.

9-30-6-6(g) makes it sound like anyone can draw blood. However, the ruling in Brown also pointed out 9-30-6-6(j). That law says the person drawing the blood must fit at least one of seven categories. The court ruled "Brown contends that Zook, as a certified lab technician, is not a person who is “trained in obtaining bodily substance samples” for purposes of this statute.2 We agree."

I do not think the IMPD cars have cameras. I hear...

2010-08-20T09:57:24.096-05:00

I do not think the IMPD cars have cameras. I heard that question come up before and the answer was 'no.'

I noticed an interesting question on another site ...

2010-08-20T08:46:49.440-05:00

I noticed an interesting question on another site today, was there a video tape in Bisard's car of the accident? Or do the current police cars have an accident recorder as the new Corvettes?

Sadly, I think because the victim lived for a whil...

2010-08-20T07:12:21.147-05:00

Sadly, I think because the victim lived for a while, dying at the hospital later, the timing put a twist in the process. Then IMPD had to scramble after the accident became a 'fatal' and try to handle it as such.

Not that I mean to make an excuse - the police made several blunders. The investigation still needs to sort out whether they were intentional or not.

Gary, Brizzi/Wyser's office had to have known...

2010-08-20T06:44:19.366-05:00

Gary,

Brizzi/Wyser's office had to have known the procedures for handling blood evidence in this kind of case. Even a relatively new deputy prosecutor who handles misdemeanor drunk driving cases would make it a point to know the "how's" and "why's" of deciding when and who can draw blood.

If they could not see this one coming, BOTH should resign. This is just another example of the utter incompetence and mismanagment of the Marion County Prosecutor's Office.

I for one leave to the courts to do as they will. ...

2010-08-20T06:38:12.425-05:00

I for one leave to the courts to do as they will. in my court I have other question isn't it common practice In Indiana to drug test anyone involved in a workman comp case? and wouldn't this be considered a work related Injury? isn't it also common practice to drug test after a fatal accident? Meaning you or I would face these actions. So I ask why wasn't the same done to this Police officer? If a law is good for the common man shouldn't the same law go for the ones enforcing it?

I've been trying to come up with an explanatio...

2010-08-19T20:56:09.653-05:00

I've been trying to come up with an explanation for NO ONE suspecting him of being drunk at the time.

I am particularly flabbergasted that even the medical folks at the Occ Health center seem to have missed it. Surely with even a cursory medical exam the signs would have to have been clear - heart rate, pupillary responses, any number things that would be checked following a crash to ascertain whether the patient had any head injuries.

But nothing.

This is one very bizarre case.

Y'know, slightly more diligent police work wou...

2010-08-19T20:26:45.767-05:00

Y'know, slightly more diligent police work would have made this muddle less of a mess. Plenty of "face time" for Mssrs. Brizzi, Straub and Ciesielski on the local media from it, though; and they say it's an ill wind that blows nobody any good....

This wind's not only ill, it's starting to smell fishy.

I'm reposting Brizzonator's comment, which...

2010-08-19T20:16:53.794-05:00

I'm reposting Brizzonator's comment, which I inadvertently deleted instead of publishing:

So out of the 175 attorneys on staff @ MCPO were they all out to lunch at 11 am on that Friday and were not able to roll onto the scene where in an Officer likely committed some type of manslaughter?...Even if Bisard did not show signs of intoxication... All the top Brass were fully aware of the unnecessary speed causing the death of a cyclist when he says he was rolling onto a warrant being served...

MCPO should have been on scene controlling/assisting in Probable Cause and controlling the Chain of evidence gathering since afterall the reasonable person standard would clearly know that IMPD had a conflict of interest... MCPO is partly to blame for this mess.... For the BRIZ to point the finger with a buger on it is disgusting... Afterall, auto accidents involving a city officers and civilians resulting in a civilian fatality ABSOLUTELY WARRANT MORE VIGILENCE AND DILGENCE ON THE PART OF MCPO.

PUKE IN PUKE OUT...

I don't find much comfort if Bisard wasn't...

2010-08-19T19:42:27.113-05:00

I don't find much comfort if Bisard wasn't drunk. One man is dead, one is in a coma, and a woman is going to need several surgeries to recover. No matter what happens, it's still a complete tragedy.

That said, I'm supportive of Bisard keeping his license, though maybe not necessarily for the same reason you are, Gary. I'm not a big fan of "pre-emptive" punishment in any case because then it makes the accused seem to be guilty of something even before a trial is held.

Brizzi simply failed to do his homework and prepar...

2010-08-19T18:47:41.852-05:00

Brizzi simply failed to do his homework and prepare for a brief when he had a well-prepared defense attorney presenting the defense side.

Just what certification does a person need to draw blood? I'll tell you. Indiana law 9-30-6-6 (g) only requires the person to be "trained in obtaining bodily substance samples and acting under direction of or under protocol prepared by a physician".

Now, if a person is employed as a lab tech does not meet that standard, then how do they retain their position?

Further, Carl failed to argue that Garrity does not apply here. IC 9-30-7-3 requires all operators involved in a fatality to provide a chemical test for intoxication.

This is a blunder on Brizzi's part.

Straub is a joke. The feds do not prosecute drunk drivers. Straub also has no legal command authority over the police or fire department and someone needs to put him in his place!!! The city-council codified that fact.

Straub is nothing but a media whore, who likes to see himself on TV. The public usually prefer a police officer or fireman speak on the topic du jour.