The judge hearing the criminal case against an Indianapolis police officer accused of causing a fatal crash while driving drunk has ordered a disputed second vial of his blood tested in Indianapolis instead of Texas.
Prosecutors and Officer David Bisard's defense attorney, John Kautzman, had filed a flurry of motions in recent weeks over the proposed testing at an independent laboratory in Texas, arguing over who could be present for the tests and which side would bear the associated costs. Marion Superior Court Judge Grant Hawkins ruled Thursday the test will be performed at the Marion County Crime Lab.
The Indiana Court of Appeals has yet to rule on whether the test results from the second blood vial can be used as evidence of drunken driving.