Monroe County woman denied new trial in deadly Swan Boat Club crash

A judge denied a new trial for the woman convicted in the deadly 2024 Swan Boat Club birthday party crash in Monroe County, Michigan. The judge rejected her claim that her former attorney's pursuit of media attention hurt her defense.

Judge Daniel White of the Monroe County 38th Circuit Court issued his order on Oct. 21 in the case against Marshella Chidester, who was found guilty in March 2025 of all charges, including second-degree murder, in connection with the deaths of 8-year-old Alanah Phillips and 4-year-old Zayn Phillips. The two children attended Flat Rock Community Schools.    

Chidester was also convicted on two counts of operating while intoxicated, causing death, and five counts of operating while intoxicated, causing serious injury. She was sentenced in May 2025 to a term of 25 to 50 years in prison following proceedings in the Monroe County 38th Circuit Court before Judge Daniel White. 

Chidester requested a proceeding known as a Ginther Hearing, which considers claims from a defendant over ineffective legal representation. That hearing took place on Sept. 28 and 29 in Monroe County. 

"There has been no showing of a reasonable probability that the proceeding would be different," Write wrote. 

The fatal crash  

The Phillips children were among those attending a child's birthday party at the private Swan Boat Club in Berlin Township on April 20, 2024, when a vehicle smashed into the building 25 feet.

In addition to the two fatalities, several people were injured that day.   

The circumstances prompted an emotional reaction in Monroe County, where a community vigil was held. 

The Ginther Hearing arguments 

The jury came back with a verdict in less than two hours after the trial. 

Shortly after the guilty verdict, while pre-sentence investigations were taking place, Chidester switched her attorney from Bill Colovos to James Warren Amberg. Colovos said multiple times, both while he was still on the case and after being taken off it, that he expected the conviction to be appealed. Her new attorney then filed a 70-page motion on matters that White said: "are clearly not issues which directly impact the matter before the Court." 

Those testifying during the two-day hearing in September, according to court records, included Colovos and two members of the Detroit news media. 

"The Defendant maintains that trial counsel loved being in the spotlight, contacted several reporters and organizations regarding the case and set up an interview with local news for the Defendant. Attorney Colovos testified that he scheduled the interview to show the Defendant's character and to perhaps counter some of the bad publicity the defendant was receiving," the judge wrote. 

"It is true that Colovos sought the spotlight and used media opportunities to put himself on the front page. It is also true that most lawyers would not recommend their client appear on local television before the trial. The bigger question is did this prejudice the defense," the judge wrote. "Defendant has failed to meet the burden. The conduct was unusual, self-serving but no evidence was set forth that it prejudiced the defendant." 

The judge also noted that the Monroe County Prosecutor's Office did not issue a plea offer, while the defendant did not want to serve time in prison or jail. He also said that the jury selection process was relatively quick, with no problems seating a jury. 

"The decision to go to trial was a viable strategy which was neither ineffective nor prejudicial," the judge wrote. 

The above video originally aired on March 6, 2025.