INDIANAPOLIS (AP) - Lawyers for a former Indianapolis police officer convicted of killing a man and seriously injuring two other people while driving drunk in his police cruiser have taken the first step toward a possible appeal.
The state’s public defender office has requested court transcripts and other documents in the case involving David Bisard, as well as asking Bisard’s trial lawyer, John Kautzman, for documents and a meeting to review the grounds for appeal, The Indianapolis Star reports (https://indy.st/1h1YBAi ).
“They want to make sure they have all the information they need before filing it,” Kautzman told the newspaper.
Bisard was convicted in November on nine counts, the most serious of which was driving with a blood-alcohol content above 0.15 percent while in a fatal accident. The legal limit in Indiana is 0.08. Allen County Superior Judge John Surbeck sentenced Bisard to a total of 16 years in prison but suspended the last three years.
The Allen County court has 90 days to provide the transcripts, and the public defender would have to file the appeal within 30 days of receiving them.
Marion County Deputy Prosecutor Denise Robinson said the Indiana attorney general will handle the appeal for the state but will consult with her office. Robinson expressed confidence that Bisard received a fair trial.
Kautzman said he believes there is “some fertile ground” for appeal, notably the dismissal of a juror who said he looked up elements of the case on the Internet, against the judge’s orders, and the judge’s denial of his request that the jury be sequestered.
Bisard, who is serving his sentence at the New Castle Correctional Facility, is facing another drunken-driving charge in Marion County for an arrest last April.
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Information from: The Indianapolis Star, https://www.indystar.com
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