Attorneys were in court Friday for a procedural hearing leading up to a hearing where the judge will consider allowing the prosecution to test the second of two vials of blood drawn from Bisard following the crash that left one dead and two injured.
The second vial of blood is a crucial piece of evidence in the case against Bisard.
"The defense has alleged perhaps the blood in the first vial is a mistake and not David Bisard’s blood. Right, wrong or indifferent this will put that to rest," said Marion County deputy prosecutor Denise Robinson said.
The first vial tested positive with a blood alcohol of .19. The test and drunk driving charges were thrown out after the judge ruled the technician was not qualified by the state to draw the blood.
Prosecutors will be asking a judge next month to order Officer David Bisard to give a DNA sample.
"The DNA is to confirm the blood is his. I believe that it is but the defense is alleging it may not be," Robinson explained.
Bisard’s attorney, John Kautzman, wants time to review the request to test the second vial for its blood alcohol and DNA to prove its Bisard’s before deciding if he will object.
Katuzman also has a second issue, explaining "Theres another issue with a possible motion to suppress with regard to whether the blood draw was consensual and the judge wants us to file a written motion in that regard."
Bisard’s squad car struck three people on their way to lunch in August of 2010. They were stopped at a stop light on motorcycles. Eric Wells was killed. Mary Mills and Kurt Weekly were injured and both have had to learn to walk again.
Mills was in court Friday questioning afterward, "Could I have gotten away with that? Could I have gotten away with what he has so far?"
She says, "Yet another extension. I feel like it is dragging out. Wounds can't heal if we have to keep going through this every month, every three months. We need to put this behind us and cannot do that if it is going to be like this. We're still in pretrial. This should have been done and over with."
Kurt Weekly's leg is still broken. As for his head trauma, he is still coping. Some memories are returning. None from that day.
Prosecutors say a trial may not come until the end of the year or even later with appeals. The judge may rule on ordering the DNA March 9th.