[Bumped to top, originally posted 7:30 last night]
Pop quiz, class:
Q. When is a blood-alcohol test not a blood-alcohol test?
A. When you don't follow the rules!
Indiana's law is very clear: if you want a BAC test that'll stand up in court, it's got to be done in a particular grade of medical establishment by an individual meeting a minimum level of verified competency with an airtight chain of custody, 'cos it is, after all, a very serious matter. It takes, in fact, more than even a facility that can cope with normal workplace oopsies and wee-in-a-cup tests; it takes, pretty much, an Actual Nurse (or better) in an Actual Hospital.
This is the sort of basic knowledge one might reasonably expect any police officer of more than 8 hours real-world LEO experience to know; after all, when the police pull you over on suspicion of DUI, if you really were driving drunk, it's their job to gather the evidence that will enable the courts to keep your drunk self off the road.
So -- and here's our second question, a two-parter -- Q: Where did the IMPD go to get a blood draw from Officer David Bisard, the IMPD officer who struck and killed one motorcyclist and critically injured two others, and who did the blood draw?
A: An occupational health center, and a non-nurse medical tech. Neither of them meeting the minimum qualification the law requires.
The prosecutor's had to drop those charges. He thinks he's still got a case but given Carl "frat boy" Brizzi's choice of friends and donors, the man's judgment does not fill me with confidence. Perhaps he's a better lawyer than he is a human being.
I certainly hope so. Gee, some days I do pine for olden times, when the Romans would toss guys like Officer Bisard to wild animals. That's not how we do things. American justice reaches far to give the accused benefit of the doubt -- but one might almost wonder if there was a thumb on the scales in this instance. IMPD's Chief Paul Ciesielski and Public Safety Director Frank Straub say they'll be asking the FBI to talk to everyone around this case who's got thumbs; maybe they even will.
YANKEE RADIO TOOL KIT, #106
4 weeks ago