DETROIT — A Monroe County Circuit Court judge has denied a request from the woman accused of driving drunk into a boat club last year, killing two children and injuring a dozen others, to move her trial to another county.

Marshella Chidester, a former commodore of the Swan Boat Club where the crash occurred, allegedly had a blood alcohol content of double the legal limit on April 20 when she crashed into the club on Brancheau Street while a birthday party was being held. Siblings Alanah Phillips, 8, and Zayn Phillips, 4, died at the scene.

Chidester's attorney, Bill Colovos, argued that Monroe County is a closely knit community that has been tainted by the media coverage of the fatal crash.

"Whether they're 100% loyal and honest, shall we say, and do not have preconceived notions of guilt before trial or if they say you're guilty because two children unfortunately passed, it's just not going to be a fair trial," Colovos said. "I understand (this request) is rarely granted but this is the picture perfect case for a change of venue."

But Judge Daniel White said there is no evidence yet that the court will be unable to seat a fair and impartial jury. White said a potential juror's exposure to media reports about the case does not mean that they will be unable to be fair and impartial in the case.

"That’s what voir dire is all about. That’s why we have voir dire," said White. "We’re going to make a determination on whether someone is able to be fair and impartial."

Voir dire is when attorneys have a chance to question the potential jurors to see if they have any biases or reasons why they would not be able to be a fair and impartial juror on the case.

"You've got to show a strong feeling... that jurors cannot remain impartial once they're exposed to (media reports)," White said. "The question is, was the publicity surrounding the case so impartial and inflammatory that the jurors who saw it wouldn’t be able to remain impartial? And I can't find any of those things. It hasn’t been inflammatory, it hasn’t been overly prejudicial."

Prosecutors charged Chidester with two counts of second-degree murder, two counts of operating under the influence of alcohol causing death, and four counts of operating under the influence of alcohol causing serious injury. If found guilty, she faces up to life in prison. She posted her $1.5 million bail and is out of jail awaiting trial.

White also denied a motion to halt proceedings until Chidester's doctor's criminal trial for an unrelated matter wraps up. Colovos said he plans to call the doctor to testify about his alleged gross negligence in allowing Chidester to drive with her neurological problems.

But Assistant Prosecutor Ken Laurain said there are other ways for Colovos to admit this evidence, and a doctor accused of negligence would generally not be the one testifying about his own alleged negligence.

White agreed, noting that Dr. Ram Garg might not be a material witness in the case. He said in all his years in court, he has not seen a doctor testify and say they were grossly negligent in someone's care.

"I agree wholeheartedly with the prosecutor, there’s 100 different ways to go about getting this evidence in," White said.

Dr. Ram Garg, who treated Chidester, is charged with 35 separate felony criminal charges in Wayne County for allegedly conducting a criminal enterprise and health care fraud, among other charges. Colovos said he has pleaded the Fifth Amendment and is choosing to remain silent and not testify.

Colovos has argued that Chidester has a neurological condition that played a role in the crash. Chidester had spasms or seizures, in which her hands and feet "actually go straight down to the ground, right down, and stay there for a few seconds," Colovos said.

"It's completely out of character to just, all the sudden, drive 400 feet with the pedal to the floor," Colovos said. "But it's absolutely in accordance with someone having this seizure spasm.

"One of our major defenses is she has this neurological (issue), and has had this neurological issue that results in seizures and spasms. He (Ram) would testify as to her and not in general because he’s the treating physician," Colovos said.

White granted Colovos's request to have a hearing to determine if statements Chidester made prior to being informed by police of her Miranda rights, or her right to remain silent, should be excluded. The hearing is set for Feb. 10.

White also granted a motion to allow for a video deposition of Chidester's sister to be taken, as she is 82 and has numerous health issues.

Chidester is a former commodore of the Swan Boat Club and lives about 200 yards from the facility, located where Swan Creek flows into Lake Erie.

Colovos has said his client believes she had a seizure at the wheel and does not remember entering the boat club's parking lot or anything that happened leading up to the crash. He also said she was invited to the birthday party by the party host.

He also said Chidester has a history of epileptic-type seizures in her legs that result in paralysis, including one last fall in which she blacked out. She has since been treated for seizures and has not had any since she was put on medication in 2023 until the crash, Colovos said.

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