Judge: Women convicted in 2014 murder won't get a new trial

A St. Clair County Circuit Court judge ruled a woman convicted of second-degree murder in the 2014 slaying of a Port Huron man won't get a new trial after new evidence was brought forward in the case.

Judy Higley-Zuehlke was convicted of second-degree murder and other charges for the murder of John Allen in Port Huron. 

Maureen Thorpe and Cassandra Ross testified at trial that Higley-Zuehlke admitted to killing Allen while they were housed with her at the St. Clair County jail. Late last year, the two witnesses provided signed affidavits that Higley-Zuehlke did not confess to them, according to a motion from Higley-Zuehlke's attorney, Patricia Maceroni.

Ross testified in June she began reading the police report on the murder aloud when all three were jailed at the St. Clair County jail in spring 2014. Ross also said while she had a conversation with Higley-Zuehlke after hearing Thorpe read the police report, she never told her she killed Allen.

Thorpe, who now lives in Flordia, failed to appear for the hearing. Frank Simasko, the attorney who was appointed by the court to represent Thorpe due to the potential for perjury, said Thorpe has an outstanding warrant for her arrest in Michigan.

In an order issued Aug. 31, St. Clair County Circuit Court Judge Michael West denied Maceroni's motion for a new trial. In order to grant a new trial, the defendant must prove that the evidence is newly discovered; the newly discovered evidence is not cumulative; the party could not have discovered and produced the evidence at trial; and the new evidence makes a different result probable on retrial.

West said in the motion that Ross' testimony at the evidentiary hearing was unorganized and lacking in memory and credibility. It's not reasonable to conclude a jury would give her testimony more weight than was given at trial eight years ago, making it unlikely that a new result would happen on retrial.

In regards to Thorpe, West also said there is very little for a jury to consider that is new and the veracity of Thorpe's signed affidavit is an issue.

The court believes the affidavit was procured under false pretenses, as Higley-Zuehlke's private investigator, Eric McCue, did not advise Thorpe that changing her testimony could subject her to the crime of perjury. When the court appointed Thorpe an attorney to advise her on the perjury matter, she became uncooperative and did not appear for the evidentiary hearing.

Higley-Zuehlke is in prison serving a sentence of 26 to 55 years after she was convicted of second-degree murder, lying to a police officer, concealing death of an individual and tampering with evidence.

She was first tried and convicted in October 2014, but that conviction was set aside and a new trial ordered after DNA from Robert Glene Card Jr., a trial witness at the time, was identified on a possible murder weapon. Higley-Zuehlke was tried and convicted a second time in January 2017. 

Card was tried and convicted in July 2017 on a charge of second-degree murder. 

Allen's body was found by his brother on Feb 3, 2014, in  his home in the 900 block of St. Clair Street, Port Huron.

Maceroni did not immediately return a request for comment.

Contact Laura Fitzgerald at (810) 941-7072 or lfitzgeral@gannett.com.