Bisard is accused of crashing his squad car into a group of motorcyclists on Aug.6, 2010, killing Eric Wells and severely injuring both Mary Mills and Kurt Weekly.
The blood evidence can be used in the reckless homicide charge Bisard faces, however. Investigators did not do a DNA test on the first blood sample so the prosecutor wants the second vial tested both for alcohol and DNA.
"The defense has made allegations that the blood may not be his, that there was mishandling of the blood, and this would cerainly put this to rest," said Deputy Prosecutor Denise Robinson. "When we have all the paperwork that shows the chain of custody, we don't suspect there to be a problem as far as DNA."
Even if the second vial also shows a blood alcohol percentage above the legal limit, it would still not be allowed to be used in the DUI charges against Bisard, explained Robinson.
The prosecution has appealed the previous decision to dismiss the blood alcohol evidence for the DUI charges and is currently waiting for a response from the appeals court. If the Court of Appeals overturns the trial judge's decision, blood alochol evidence could be used to bring DUI charges against Bisard.
"We want to see justice done for our son, for those others that were so badly hurt. I think that he needs to face that justice. We believe that it is his blood. We believe that it's going to come back showing that he was intoxicated," said Eric Wells' father Aaron Wells.
The blood has been sitting in a police property room in a refrigerator. Robinson said laboratory scientists expect some "alcohol degradation" in the blood but it's within certain parameters and would only cause an incremental change in results, if any at all.
"The real issue in this case is to take on what the defense will argue and to rebut what the defense will say. They've made a number of allegations in court already about the blood testing procedures and we believe it appropriate to test the second vial. It also, if David Bisard and his defense really beleive that it's not his blood or that there's some issue with it this testing, will address their concerns as well," Robinson said.
Bisard's attorney, John Kautzman, said he plans to ask for more time to review the motion at a previously scheduled hearing Friday.
"we're looking at the motion. We're going to ask the court to give the defense time to review those motions, meet with our expersts on these issues and frankly, give us a timeframe to respond to the state's motions," kautzman said.
Kautzman will request 30 days to respond to the prosecution's motion. In the meantime, Aaron Wells said the family will keep waiting to start the healing process.
"It's all very fresh. It'll be two years on August 6, coming up here this summer. It sure doesn't seem like two years because it's so fresh in our hearts and minds you just don't really get that chance to really to heal."