FORT WAYNE, Ind. The attorney for an Indianapolis police officer accused of being intoxicated when his patrol car struck two stopped motorcycles is raising new concerns about a blood draw that prosecutors say show he was legally drunk.
John Kautzman says it's not clear how long the blood draw from David Bisard remained in a hot police car following the August 2010 crash that killed one motorcyclist and badly injured two others.
WISH-TV reports the officer transporting the blood says it entered police custody immediately, but Kautzman argued during an evidence hearing Monday in Allen County that the officer stopped at a restaurant for an hour. The blood also sat unrefrigerated in a police evidence room for months.
Prosecutors argue an Indiana appeals court has ruled the blood tests can be admitted.