(WWJ) — A key piece of evidence in the trial of a Monroe County woman accused of killing two kids at a birthday party while driving drunk will be permitted, at least for now.
Jury selection is scheduled to begin March 3 for the trial of 67-year-old Marshella Chidester, who is charged with two counts of second-degree murder for the deadly April 20, 2024 crash at the Swan Boat Club.
But ahead of the trial, Chidester’s legal team filed a motion seeking to have the blood alcohol test administered to her following the crash thrown out. Authorities say Chidester’s blood alcohol content was .18 — more than twice the legal limit — but the defense argues it wasn’t properly preserved.
On Friday Judge Daniel White denied the motion. He told defense counsel Bill Coloves the motion was not based in fact.
“Your motion goes on to say that you ‘strongly suspect the people cannot establish the foundational requirements for the admission of any blood testing results of the defendant,’” White said. “That’s what your motion says. When we were here (at a prior hearing) I said, ‘well I’m gonna have to see some law.’”
White went on to say Friday, “Don’t I need more than you telling me, ‘this is what I suspect?’ Aren’t you supposed to tell me something in this motion that says why you suspect they can’t meet it?”
Ultimately, the blood alcohol test will be allowed at trial. Another motion from the defense to dismiss statements that Chidester made to police, captured by body camera, was also denied.
Prosecutors say Chidester drove about 25 feet into the boat club building during a children’s birthday party. Two siblings — 8-year-old Alanah Phillips and 4-year-old Zayn Phillips — were killed while their mother and their 11-year-old brother were among the injured victims.
In total, Chidester is charged with two counts of second-degree murder, two counts of operating while intoxicated causing death and four counts of OWI causing serious injury.