LINDEN -- The lawyer for a former Linden police officer accused of driving while drunk and causing a crash in Staten Island that killed two passengers filed a motion Thursday to suppress his client's blood test results.

Mario Gallucci, said police may have illegally taken a blood sample from his client after the accident. He said the first officer at the crash scene reported that he did not smell alcohol coming from Abad after the crash. Police may not have given that information to the judge before he signed the search warrant permitting officers to take the blood sample, Gallucci said.

Gallucci also said that "exculpatory" evidence that there was no odor of alcohol should have been given to the grand jury, which returned the 27-count indictment against Abad.

"There was a report from the initial officer at the scene who indicated hat Pedro Abad didn't have any alcohol on his breathe," Gallucci said. "I don't know if that information was ever presented to the grand jury, nor do I know if hat exculpatory evidence was ever given to the judge who signed the search warrant to take his blood," he said.

Authorities allege Abad had a blood-alcohol level three times the legal limit at the time of the accident.

During the brief court hearing before Judge Stephen Rooney in Richmond County Supreme Court in Staten Island, Gallucci also said the New York State Office of the Medical Examiner has failed to send a sample of Abad's blood to a laboratory he selected for testing to see if there were any traces of the drug GHB, the so-called date rape drug.

Gallucci has argued that dancers at the strip club may have drugged Abad with GHB to get him to spend more money.

Gallucci's comments came as Abad appeared with a full beard, and walked passed two relatives of Joseph Rodriguez, the Linden resident who was one of the two men killed in the crash.

Roseann Rodriguez, whose brother Joseph Rodriguez, was killed in the March 20, 2015 crash, lashed out at Abad after the hearing.

"He (Abad) wouldn't even look up at me," said Roseann Rodriguez, referring to Abad walking past her in the courtroom.

"There needs to be justice for my brother," she said. Rodriguez said Abad is, "out and around doing whatever he pleases and my brother is dead."

Roseann Rodriguez referred to reports that Abad had been seen at the Central Park bar in Roselle in June. That was the same bar he went to hours before he and three other men made the fateful trip to Staten Island.

"He destroyed my family," Roseann Rodriguez said.

Shortly before 5 a.m. on March 20, 2015, Abad was driving home from the club when he turned the wrong way on the Westshore Expressway and crashed head on into a tractor-trailer. Rodriguez and Linden police officer Frank Viggiano was killed. Abad and another passenger, Patrik Kudlac were critically injured.

Abad has pleaded not guilty to multiple counts of aggravated vehicular homicide and manslaughter that were contained in a 27 count indictment.

At Thursday's hearing, Abad walked into the courtroom using a cane. After the hearing, he rushed out of the courthouse and into a car that sped away to avoid news cameras.

Tom Haydon may be reached at thaydon@njadvancemedia.com. Follow him on Twitter @Tom_HaydonSL. Find NJ.com on Facebook.