Bisard Trial Week 3: Bisard’s Wife Testifies

By Benecia Brown - 21Alive

October 31, 2013 Updated Nov 1, 2013 at 4:48 AM EDT

ALLEN COUNTY, Ind. (21Alive) --The David Bisard trial continues Thursday.

Wednesday the jury heard testimony from Bisard’s wife Lora.

She told the court she kissed her husband goodbye the morning of the crash. She also stated she did not notice any signs of impairment that morning, and she knew her husband consumed two vodkas and cokes before going to bed.

The defense could rest its case by the end of the week.

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The David Bisard trial will continue Monday. The prosecution is hoping the jury trusts the blood alcohol samples in this case.

The defense hopes jurors side with witnesses, who say they did not see any impaired behavior from Bisard the day of the fatal crash in 2010.

Allen County Superior Judge John Surbeck allowed contested blood alcohol evidence to be admitted as evidence.

Toxicology expert Dr. Alan Wayne Jones said that the equipment used to examine Bisard's blood returned a result that was 100% accurate.

Jones, who has more than 40 years experience in toxicology and the study of blood-alcohol, testified that he believes Bisard had consumed at least eight to ten drinks of vodka the night before the crash. He also believes that Bisard had at least two more drinks sometime before the crash to in order for him to have a blood-alcohol level of .19.

Dr. Alan Wayne Jones, a Toxicology Expert who works for a Swedish laboratory, testified that the alcohol level in a blood sample does not increase over time.

“Blood stored unrefrigerated would have a significantly lower alcohol content than it had at the time the sample was taken,” Jones said. “Tampering with a blood vial would not be easy. It is not uncommon for physicians in Sweden to miss the signs of impairment in people whose blood tests showed they were impaired.”

Jones said a person can be intoxicated but not show any signs, especially someone who drinks over a long period of time.

"There is a receptor in the brain that, over time, becomes less sensitive to alcohol," Jones said.

The prosecution looks to rest its case Monday and turn it over to the defense attorneys.

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