Thursday, May 31, 2012

More Reasons For Doubt In Bisard Case

That's the heading for a Star editorial questioning the actions of IMPD's handling of blood evidence in the David Bisard case and the Ballard administration's reaction to Marion Co. Prosecutor Terry Curry's fury over their actions:
The flagging hopes of victims and their survivors have suffered yet another blow in the tragicomedy of errors that is the David Bisard case.
While Prosecutor Terry Curry continues to vouch for the strength of his side, suffice to say that police mishandling of the episode amounts to a defense lawyer's dream.
Curry demanded the firing of Public Safety Director Frank Straub and Ellen Corcella, deputy chief for professional standards, after learning that members of the Indianapolis Metropolitan Police Department had unsealed and examined a blood sample without informing the prosecutor . . .
The response from the Ballard administration borders on the cavalier. While mayoral chief of staff Ryan Vaughn says informing Curry's office would have been "the right thing to do," he asserts that the officers technically did not have to do so -- a gratuitous posture for an explosive case that has all of city-county government under scrutiny.
The mayor's office will not fire Straub, who is finishing out his tenure after resigning, nor Corcella. Considering that Corcella's predecessor was reassigned over the Bisard evidence mess (though cleared of wrongdoing), another change of the guard may be in order. Public trust -- what's left of it -- demands that much.
Meanwhile, Vaughn says the FBI has declined to look into the fiasco because criminal activity is absent. Given this bizarre string of events, no such conclusion can be drawn without further investigation. From outside.

6 comments:

Jon said...

I'm confused, what reason would IPD have to open the blood sample and isn't tampering with evidence a criminal offense?

Gary R. Welsh said...

It's criminal if something was intentionally done to it to obstruct the case. It's likely that the worst case scenario is that the prosecution will be barred by the judge from offering the evidence. This Corcella woman thinks she's still a federal prosecutor in Manhattan who can do what she pleases instead of a flunky for Frank Straub. What she did amounted to flipping the middle finger to Curry's office. Curry is right. She should have been fired on the spot if she ordered this unauthorized opening of the sealed evidence.

Jon said...

So if it's not criminal because they aren't obstructing justice but the evidence is now so tainted it probably won't be admissable in court. It certainly smacks of the thin blue line protecting their own.

Gary R. Welsh said...

I honestly don't believe there was any criminal intent. I think someone who was very sure of themselves made one terrible mistake.

Indy4u2c said...

I love Frank Straub, PhD, (D-NY)quote: "This incident shows the continued need to update and modernize IMPD policies, procedures and practices," said Marion County Public Safety Director Frank Straub. "A few simple steps, such as update policies and procedures, management oversight and training, could have prevented this unfortunate error from happening."

And just where does the buck stop, Frank???? Frank Straub issues the media statement that there was no "intent" in what HE, Frank Straub PhD. (D-NY) ORDERED....

then says that HE, Frank Straub, PhD (D-NY) FAILED TO UPDATE POLICY & PROCEDURES, MANAGEMENT OVERSIGHT & TRAINING!!!!!

Indy4u2c said...

-perhaps the credo should be revised to be:

"Corruption is, as corruption does."

-The Democrat Machine, Frank Straub, PhD. (With a little help from Greg Ballard)