A chemist who ran the Swedish government's forensic lab for 30 years testified Friday that the blood test that indicated a suspended Indianapolis police officer was legally drunk at the time of a fatal accident was accurate.
Alan Wayne Jones estimated that David Bisard, who faces reckless homicide and other charges, probably had eight to 10 drinks the night before the crash and perhaps two more in the morning to "steady his nerves," The Indianapolis Star reported.
The blood tests on Bisard after the crash in his patrol car that killed Eric Wells and badly injured two others in 2010 have been central to the case. Prosecutors were allowed to present test results from two vials of blood taken from Bisard after the crash, despite defense arguments that one wasn't properly drawn according to Indiana law and the other was mishandled by police evidence technicians who removed it from refrigerated storage.
Tests showed Bisard had a blood-alcohol level of 0.19, which is more than twice Indiana's legal limit of 0.08 percent. The Indiana Supreme Court in ruled in December that the blood tests could be admitted into evidence.
Jones said the blood was tested six times when at most two were necessary, and all the results were similar.
Jones also testified it is easy to fake sobriety when someone is under stress and said simple observation is an undependable way to determine impairment, the newspaper reported. Other witnesses have testified that they saw no signs Bisard was intoxicated.
Jones testified blood draws are nearly foolproof.
Under questioning from defense attorney Robert Gevers II, Jones said he had never met or observed Bisard. Gevers also told the jury that Jones was being paid $300 an hour to testify and was flown from Sweden by the prosecution.
Jones' testimony followed earlier testimony by Mike Medler, director of the Indianapolis-Marion County Forensics Services Agency, who said blood test errors do occur.
"No science is 100 percent," he said.
Also Friday, Allen Superior Judge John Surbeck said he would consider a request that the testimony of a police captain be thrown out because the captain read email summaries of the case before testifying, but said it was unlikely he would do so.
The trial was moved to Allen County because of extensive media coverage in Indianapolis.