Democrat Terry Curry first talked about the case and stated, if elected, he will seek to re-file alcohol charges against Bisard. Curry made the statement along with victims attorneys Linda Pence and Mark Ladendorf.A press release from Massa noted the financial stake the plaintiffs' lawyers have in the outcome of the Bisard case and the fact that both are campaign contributors to Curry's campaign:
Curry feels Prosecutor Carl Brizzi botched the case and further stated the Methodist Occupational Health Facility does have written protocol to administer blood tests under the responsibility of a physician and that the person who took the sample did not need to be certified. Reasons given by Prosecutor Brizzi when he dropped the alcohol charge, were that the facility was not qualified to test the blood under Indiana law and the blood was not taken by a certified technician.
Curry says he contemplated for a long time whether or not to bring up the issue during the campaign, but he explained it's an important public issue and needs to be properly dealt with by the new Prosecutor.
Republican candidate Mark Massa says he refrained from grandstanding to score political points and had not talked about the case publicly. Massa did state, if elected, he would take his legal argument to re-file the alcohol charges all the way to the State Supreme Court.
Massa feels Prosecutor Brizzi gave up to soon on the alcohol charges and that Curry is talking about using "a flimsy legal argument" to re-file the alcohol charges.
Prosecutor Carl Brizzi issued a statement-""We will work and consult with whomever is elected, prior to the formal transition"
"For a couple of months now on the campaign trail, I have promised a complete review of the Bisard case upon taking office. I have refrained from grandstanding to score political points. So far, what I've seen suggests Mr. Brizzi and my opponent are both wrong and won’t ultimately bring justice -- the prosecutor for giving up too soon, and my opponent for making a flimsy argument, flanked by partisan plaintiffs lawyers who are financially supporting his campaign. Moreover, it’s not in the public interest to give the defendant incentive to plead to a lesser charge right now by publicly threatening him. I prefer to make my arguments to the Indiana Supreme Court in January, rather than to cameras now. My heart goes out to the victims and I won’t exploit their understandable anger for political gain.”Massa's criticism of Curry's actions today was spot on. If Curry wanted to state his view on how this case should be handled, I have no problem with that, but I think it is a bit unseemly of him to conduct a press conference with the victims' plaintiffs attorneys, who stand to reap substantial contingency fees from their respective cases. I think the victims are being exploited by both Curry and the plaintiffs lawyers, who are unnecessarily injecting their personal injury cases they have pending against the City of Indianapolis to impact the outcome of this political race. What is it they say? Rule Number 1: Do no harm to your client. That's advice both Curry and the plaintiffs attorneys should take to heart. This is no different than what Gloria Allred has done twice in two highly public press conferences she held during critical points in the gubernatorial elections in California supposedly for the benefit of her clients when she was supporting the opponent of the candidate she was railing against. I really thought Curry was above Gloria Allred-like tactics to win support for his campaign but apparently not. At least Allred didn't actually have the political candidate she was supporting join her and lead the press conferences for her clients as the plaintiffs attorneys here did today.
"The better argument is: the law that has Brizzi and Curry tied in knots doesn't apply in cases where a person consents to having his blood drawn. Our state Supreme Court has never answered this precise question, and it's one I'm prepared to pose if elected. If the facts establish consent, we'll refile the DUI charge and take it to the highest court. This is the kind of measured, mature approach you can expect if I'm the next Marion County Prosecutor."
SNL's spoof on Gloria Allred this past weekend is just too good to pass by. Here it is for those of you who missed it.