Officer's blood tests thrown out before trial

**r.payton@att.net** · 08-19-2010, 01:25 PM

Officer Bisard(charged with 7 felonies ,including killing a citizen while Bisard was driving drunk)-TODAY the Prosecutor threw out the blood test BEFORE the trial began !! Seems a lab tech took the blood and although licensed to do so SHE was NOT licensed to do so outside a hospital setting .

Someone help me out here -I thought the Judge was the last word on admittance of evidence ?? So a man is killed and the blue line bands together to cover up a 0.19% blood draw !!

Our prosecutor (Brizzi) is currently under indictment for running a pyramid scheme .

**RYou** · 08-19-2010, 05:39 PM

Is the indicted prosecutor handling this case?

A prosecutor is not obligated to offer evidence that he/she believes will not ,as Vinnie says, "hold water".

If the local rules of evidence require certification in a hospital as well as out of a hospital and she wasn't certified, the judge is going to toss the evidence anyway.

We had a judge here in NJ that tossed over 5000 DUI cases, including guilty pleas because one offender challenged some new breathilizer test and won the case. The state had to refund the fines and court costs, but no attorney fees. the plaintiffs that benefited included 150+ CDL truck drivers that had lost their jobs over the conviction.

**r.payton@att.net** · 08-19-2010, 08:46 PM

I believe so as he had the conference where the announcement was made-4 of the charges were dropped-the biggest being vehicular Manslaughter -IPD and Marion County PD have turned the investigation over to the FBI.??

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