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Bisard trial on brink of mistrial

A juror in the David Bisard Trial has been dismissed.
 

After three weeks of testimony, over 100 witnesses and nearly 200 pieces of evidence, the drunken driving case against suspended Indianapolis metro police officer David Bisard was on the brink of a mistrial.

The case is now in the jury's hands, but it wasn't easy getting to this point as juror “number 12”, better known as "mike" was dismissed this morning after he admitted to researching some of the issues presented in the trial and shared his findings with his fellow jurors, potentially tainting them and leading to a mistrial.

"Given everything that's happened up to this point who would have expected anything different to occur,” said Marion County Prosecutor Terry Curry. 

The trial for Bisard was supposed to wrap up Monday with closing arguments, his fate then to be decided by the 12 person jury.  However, the threat of a mistrial prevented things from going as planned.  

“At the end of the day we have to rely on jurors to follow the instructions,” said Curry. 

One of the jurors wasn't able to follow Judge John Surbeck’s orders and independently researched the case Thursday night.

Colin Andrews is a local attorney who has been following the trial.

 Bisard is accused of barreling into  three motorcyclists,  killing Eric Wells  in Indianapolis  back in 2010

“Even though jurors say it wouldn’t impact them it doesn’t pass the smell test,” said Andrews. 

Juror number 12  then shared his findings with the rest of the jury. Judge John Surbeck dismissed the juror-- replacing him with the final alternate.

Judge Surbeck ruled that the remaining members of the jury weren't tainted--avoiding a mistrial. 

Bisard faces nine counts and if convicted on all charges he could face a maximum of 54 years behind bars. 

 

 

 

 

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