IBC (or other legal minds) please explain this...

[AppleBonker]

First, sorry for being slightly off-topic. This is a legal issue, not politics. But maybe something can come of this politically to prevent it from being an issue in the future.

IBCoupe, am I missing something? Greg, you've dealt with LEOs before (if I remember correctly). How can there be NO evidence that is admissible showing this guy to be drunk? Is it possible that there was some sort of a cover-up (mind you that would involve a large number of cops, EMTs, hospital workers, etc)? Did the blood draw get contaminated or swapped on accident? This may be one of the most ridiculous cases I've seen in a LONG time...

http://www.theindychannel.com/news/24583504/detail.html

http://www.theindychannel.com/news/24686898/detail.html

Those are the two important articles, but check the links as there are many more dealing with this case (it's obviously a pretty big topic in Indianapolis right now).

[IBCoupe]

There's any number of things the State could have done wrong with the evidence to make it inadmissible. It seems like what would really be at issue is the evidence regarding his test results. There's the possibility that it's a cover-up, but I've always had a rule of assuming ineptitude before mischief.

From what little I read, it doesn't look like the case was thrown out for lack of evidence. It was thrown out for misbehavior on the part of the State in the way that it handled its evidence. Not so much an exoneration of the defendant as punishment for the State to give it incentives not to screw up so much.

[IBCoupe]

As a side note: I'm planning on buying a 350Z in the next couple of weeks and I'm really tempted to go with "IBC" vanity plates when I do.

[AppleBonker]

I understand that a number of the charges were dismissed because of poor police work, but how are there not fail-safes to prevent this from happening? This should never happen, regardless of the accused being a cop or off-the-street average Joe. Where is the accountability for screwing up this bad? What sucks the most is that the only people paying for this will be the taxpayers.

Definitely go with IBC plates, though everyone will think you like root beer.

[Cold_Zero]

This is a very concerning case. I am glad that our police force township pd for the most part operates professionally.

[stebo0728]

Dexter'll get him

[IBCoupe]

There are safeguards - they're called the State's lawyers who will b**** you out and get you fired if you're the source of an evidenciary error. But really, this is one of the safeguards: you don't screw up because you don't want to lose the case, your job, your boss's job (if s/he's an elected official), etc...

[AppleBonker]

I dunno. They tend to do a good job protecting their own. I doubt many people will lose their jobs over this. And I still wouldn't consider that ample in terms of safeguards. Killing someone versus losing a job doesn't seem like much of a valid trade. Why is it that a department gets to investigate its own officers in a case like this? Shouldn't accused city/town officers be handled by the state or federal off the bat? I don't think I would trust friends investigating each other.

And, I know in Indiana in a case of a fatal traffic accident, ALL parties involved are immediately tox-screened. That is common practice, yet they "conveniently" messed that part up on a fellow officer.

[Cold_Zero]

Or is the issue that blood was not drawn at the scene of the accident and he may have had time to go drink? Not sure what is going on here, might have to do some research, or watch the news tonight.

[stebo0728]

Or is the issue that blood was not drawn at the scene of the accident and he may have had time to go drink? Not sure what is going on here, might have to do some research, or watch the news tonight.

Good point, thats certainly the argument I'd make if test were done some time after the incident. But do emergency responders have the ability to take blood samples? I dont know I am asking.

[srellim234]

This link that was at the end of the second article you referenced in your OP explains why the blood work is not admissible in the criminal portion of the case.

http://www.theindychannel.com/news/24624350/detail.html

It all has to do with licensing of the lab tech, consent, search warrants and affidavits. The way the blood sample was drawn is not admissible in criminal court and it was taken for police internal investigation application only.


On a side note, I am personally not surprised that a cover-up is taking place to protect one of their own at IPD. My company tried to promote me to headquarters in Indianapolis in 1998. In an attempt to enable my wife to continue her law enforcement career I spent a year and a half in Indy while the family remained in California. I was attempting to get Indiana to change the state law that prohibits any police department in the state from hiring anyone over age 35 no matter how much experience they have. We even wrote into our proposal that such hires would be required to reimburse the retirement fund any money they would have contributed if they had been hired at age 21. Indiana is one of two states in the country to have such a law. Arizona is the other. Other states leave it up to the departments and the police unions.

We were rebuffed by the police and fire department lobbies and the state legislators who are in their pockets when a Brownsburg representative attempted to introduce the bill. It appeared their biggest concern was to protect a closed "good old boys" network at all costs. In fact, even with the tv and news coverage then Governor O'Bannon refused to grant a specific case exemption so she could be hired on. Six months later, however, the same Governor O'Bannon did grant such an exemption to a convicted drug felon so he could be hired as a police officer by the Gary PD. He apparently felt the public was better served by having drug dealers on police forces than people who have experience, great law enforcement records and are part of a good, strong family.

Needless to say, as a law enforcement family we have very little respect for Indiana law enforcement.

[Cold_Zero]

I am glad that our police force township pd for the most part operates professionally.

Well dont I look silly, just saw an expose about a motorcycle cop in our township standing on his bike while driving down the road, on duty. Greaaaaat

[Cold_Zero]

Well, the heads are rolling. 2 Deputy Chiefs and the Assistant Deputy Chief will loose their jobs due to lack of leadership. These guys were shown on TV at the scene of the accident.

[AppleBonker]

It's going to take more than that to redeem the force in my eyes. But it's at least a good start.