MONROE, Mich. (WXYZ) — The woman accused in the deadly boat club tragedy in Monroe County last year appeared in court on Monday for a hearing.
Marshella Chidester, 66, was allegedly drunk when she crashed into Swan Boat Club in Berlin Township on April 20, 2024. Two children died and 15 other people were injured.
The Walker hearing on Monday was to determine if Chidester’s statements to law enforcement officers is admissible for trial, which is scheduled March 3. She faces two counts of second-degree murder, two counts of operating while intoxicated causing death and four counts of operating while intoxicated causing serious injury.
At the Walker hearing, the judge denied Chidester’s attempt to suppress statements taken at the crash site.
Chidester's attorney Bill Colovos said the motion is a setback.
Previous coverage: 'It’s horrific': Driver in deadly Swan Boat Club crash breaks her silence
“That's why we will very well take it to the Court of Appeals this week,” Colovos said.
Colovos argued inside the courtroom that the statements taken by Monroe County Sheriff's Office of Chidester at the crash site be squashed as Chidester was not read her Miranda rights as seen in the body camera video.
In the video, Chidester said she passed out and has had seizures. She also admitted to drinking “a little bit.”
Watch bodycam videos below:
The prosecution pushed back, saying that such a line of questioning doesn't require Miranda rights.
“It’s the anecdotal when one gets pulled over by a police officer and they walk up to the window and say, hey sir, how are you today, where you headed, where are you coming from,” a prosecutor said.
On her way back home from a restaurant on April 24, Chidester slammed her car into Swan Boat Club, where a kid's birthday party was being held. The crash resulted in the death of 8-year-old Alanah Phillips and her 4-year-old brother Zayn Phillips.
As first responders arrived on the scene, Chidester can be seen questioned by deputies about the incident.
“You can’t pick and choose. Finally, the last officer knew halfway talking to her to read her Miranda rights,” Colovos said.
Related video: Mother of 2 kids killed in Swan Boat Club crash testifies at preliminary exam
The judge said the questions she was asked by authorities were standard.
“These are initial questions, they are investigatory questions, they are exactly like the questions the court considers, and so the motion to suppress the motion is denied,” the judge said.
Now, the defense is hoping to win a motion on Feb. 21 to squash the results of Chidester's blood alcohol level, which was .18 at the time of the crash. Michigan's legal limit 0.08. However, the defense aims to argue the blood sample was not stored properly.
“It was never kept in a refrigerator. Then what happens is that starts to fermenting, and where you can be on .02 could all of a sudden become a .18 or a 2.0,"
The defense has also filed a motion to the Michigan Court of Appeal to delay the trial by 90 days. The decision on that is still pending.
