Bisard found guilty

[Fargo]

They will appeal this based on the the way the blood was taken and handled. It might not be this year but I will bet that they will take it to another court in a few years.

The way the blood was taken/handled has already been litigated by the Indiana Court of Appeal on interlocutory appeal and went up to the Indiana Supreme Court who denied transfer. That issue has already been appealed and decided some time ago and res judicata prohibits it from being relitigated in this case.

I can understand that all the police the were used were going to be in favor of this a hole. If any officer said anything against him they would have been black balled and not ever assigned any good jobs or promotion. It doesn't really matter to most of them because He was the police and they were just bikers.

You do know that quite a few cops testified against him, right? You do know that cops on here have openly spoken out against him, right? I am curious where you get your notion of "most" police officers. I generally find your "most" to really equal rather few.

Joe

 

[halfmileharry]

I'm not catching your meaning on the last sentence

Just saying I think more division and emotions are coming out now than before.

 

[VUPDblue]

Fargo, he is either overly emotional for some reason, or he is just trolling.

 

[Kirk Freeman]

They will appeal this based on the the way the blood was taken and handled. It might not be this year but I will bet that they will take it to another court in a few years.

Res judicata=been there, done that.

The way the blood was taken and handled has already been argued about.

Here is the Court of Appeals decision. The Indiana Supreme Court denied transfer (meaning they chose not to hear it).

www.in.gov/judiciary/opinions/pdf/09121201RSS.pdf‎

Now, there will be an appeal as is his right under Indiana law as with any criminal conviction (Minor in Tavern to Murder). The main issues will be sufficiency of the evidence and problems with jurors and the police reporting (violation of the motion in limine) as well as other issues. It will be an involved matter.

 

[88GT]

Bull**** of the highest order. There hasn't been much rational thought going on about this from the start but to think another officer would put his career and pension on the line by lying about this is about as stupid as a person can get. Thirty years ago? Maybe. Today? Not a chance!

Are you speaking of IMPD specifically, or LE in general?

 

[Trooper]

Greg Garrison pointed out that the max Bisard can do is 8 years. It is because they charged him as a single crime with several counts. They did not even need the DUI charges, the reckless homicide would be a Class C felony all by itself. With good behavior, he is out in 3 to 4 years. Of course it would be parole for the rest of the sentence which means that he could be forced back into prison if he screws up. And he will always be a 2nd class citizen with reduced rights for the rest of his life.

Now the question is whether he can find a shady lawyer to get everything reversed in appellate court.

 

[Trooper]

Lady Justice has spoken.

There is no justice. Rather there is merely the courts.

Justice is biblical. The family would have had the right to kill him.

 

[grasshopperlegs]

YES : I was a Co for over thirty years and we also had a code of ethics. I never did anything that harmed anyone so I didn't have to worry about getting into trouble. I guess the bottom line is that if you don't have any knowledge of the job and how it really works you really can't make any comments or insults about someone that had actually done the job.

 

[88GT]

YES : I was a Co for over thirty years and we also had a code of ethics. I never did anything that harmed anyone so I didn't have to worry about getting into trouble. I guess the bottom line is that if you don't have any knowledge of the job and how it really works you really can't make any comments or insults about someone that had actually done the job.

I've never been a short order cook, but I know damn well when my eggs aren't done or my toast is burnt. There are some things that are obvious even to outsiders.

 

[Trooper]

I do not think so. My wife has spent her career as a medical lab tech, often the lead or the supervisor, being responsible for all the certifications. She has processed the blood tests many times for intoxication over the years. There is a very stringent legally written proceedure to make sure the test is legal for court. Lots of extra work. Right after bisard crashed, I remember the supervisor of the lab on TV being interviewed. She said that every single step of the legal protocol had been followed to the entire letter of the law. Cut and dry, it is science, not opinion.

Within a couple weeks started this whole discrediting of the blood tests. Repeat a lie often enough and it becomes the truth. Three years latter, the truth of the test is now "fuzzy". If there is a problem with evidence, it is because someone is a liar, not because of proceedure. It would not be hard for me to understand that his buddies were trying to save his hide. I reject any rumor that he was rail roaded.

So what you are saying is that the defense lawyers worked the PR (ie the news media) to create doubt. Even if the tests were done by proper procedure, they still planted doubt.

As it was, the reckless homicide charge would have been enough. It is a Class C felony that would have given an eight year sentence, which is all that he can get even now.

 

[grasshopperlegs]

So what is obvious ?

 

[Frank_N_Stein]

Are you speaking of IMPD specifically, or LE in general?

Still trying to prove that "cover up" theory I see. Good luck.

 

[Kirk Freeman]

Greg Garrison pointed out that the max Bisard can do is 8 years.

As it was, the reckless homicide charge would have been enough. It is a Class C felony that would have given an eight year sentence, which is all that he can get even now.

Trooper, with no disrespect intended, are you certain you heard Garrison correctly? Perhaps Mr. Garrison was simply discussing the Reckless Homicide independent of the OWI/Death?

 

[Trooper]

Trooper, with no disrespect intended, are you certain you heard Garrison correctly? Perhaps Mr. Garrison was simply discussing the Reckless Homicide independent of the OWI/Death?

From what Garrison was saying, the way that the charges were presented means that it is one sentencing thus it will not be one sentence on top of another. They are concurrent.

 

[mrjarrell]

You listen to too much talk radio and don't understand half of what you hear. Bissard is facing a sentence of 3 to 31 years for the charges he was found guilty of, according to this mornings newspaper. If Garrison did say only 8 then he's wrong, as he often has been.

 

[Trooper]

You listen to too much talk radio and don't understand half of what you hear. Bissard is facing a sentence of 3 to 31 years for the charges he was found guilty of, according to this mornings newspaper. If Garrison did say only 8 then he's wrong, as he often has been.

The paper is wrong. They are not attorneys, Garrison is.

it depends on how the charges were filled. This is going to be concurrent sentencing thus no more than 8 years.

 

[MPH]

I was on the scene, August 6th, 2010. I spoke with Bisard for about 5 minutes, in a closed in space/front seat of a car with the a/c going.
I testified to what I did and did not see, smell or hear that day. Although some signs of impairment can be masked, involuntary ones cannot be. There was no such sign (Nystagmus). No odors..no bloodshot eyes..no imbalance..no slurred speech.

As a motorcyclist of 25+ years, I can assure you that had I observed any such signs, I would have notified one of several supervisors on-scene, ALL of which would have made damn sure an arrest would have been made. If by some impossible circumstance that last line wasn't true, I would have slapped handcuffs on him myself. That could have been me, my wife or girlfriend on the back of the Harley.
There were no such signs of impairment. None. None that I could see, or any other officer..or Fireman..or EMT..or Doctor.
If there is nothing to see, there is nowhere to go, investigation wise. A blood draw is mandatory during such an event. It was done.
All acts of incompetency cannot be excused. Ultimately, they were not, and Bisard has been and will be accountable for his actions that day.

I totally understand why everyone is pissed at this situation. I don't know of any who aren't, and each reason for being angry is valid.
That's all I have to offer, and all I am going to say about this situation, although in fairness, I will answer any questions I can, in that throughout this mess, I don't think that anyone has spoken to someone who was onscene, because of the (then) pending court trial.

Let 'er rip.

 

[halfmileharry]

I was on the scene, August 6th, 2010. I spoke with Bisard for about 5 minutes, in a closed in space/front seat of a car with the a/c going.
I testified to what I did and did not see, smell or hear that day. Although some signs of impairment can be masked, involuntary ones cannot be. There was no such sign (Nystagmus). No odors..no bloodshot eyes..no imbalance..no slurred speech.

As a motorcyclist of 25+ years, I can assure you that had I observed any such signs, I would have notified one of several supervisors on-scene, ALL of which would have made damn sure an arrest would have been made. If by some impossible circumstance that last line wasn't true, I would have slapped handcuffs on him myself. That could have been me, my wife or girlfriend on the back of the Harley.
There were no such signs of impairment. None. None that I could see, or any other officer..or Fireman..or EMT..or Doctor.
If there is nothing to see, there is nowhere to go, investigation wise. A blood draw is mandatory during such an event. It was done.
All acts of incompetency cannot be excused. Ultimately, they were not, and Bisard has been and will be accountable for his actions that day.

I totally understand why everyone is pissed at this situation. I don't know of any who aren't, and each reason for being angry is valid.
That's all I have to offer, and all I am going to say about this situation, although in fairness, I will answer any questions I can, in that throughout this mess, I don't think that anyone has spoken to someone who was onscene, because of the (then) pending court trial.

Let 'er rip.

Thanks. It's good to hear it first hand.

 

[chimpmeat]

if it isnt obvious that the entire Indy police force was at the very least ignoring some protocols, and at most inhibiting the investigation to protect bisard, then you haven't been paying attention.

 

[mrjarrell]

The paper is wrong. They are not attorneys, Garrison is.

it depends on how the charges were filled. This is going to be concurrent sentencing thus no more than 8 years.

LOL. Yeah, because none of the law professors or legal experts they talked with are lawyers. Garrison is an idiot talking out his ass and the fact that anyone would eat up his flatulence is telling about his listeners.