Mother Could Face Charges in Child Drug Death
Hawaii Circuit Court Judge Michael Town ruled that a woman who took
crystal methamphetamine five days before and two days after the
birth of her child can be charged for manslaughter in the child's
death, the Honolulu Star Bulletin reported June 4.
Tayshea Aiwohi, 31, faces 20 years in prison in connection with
the death of her two-day-old son. An autopsy found that the baby's
body contained toxic levels of amphetamines.
Under Hawaiian law, a crime exists if the child is "born alive"
and "reckless" behavior is the cause of death. According
to Deputy Prosecutor Glenn Kim, if Aiwohi had a miscarriage because
of her drug use, she would not be facing manslaughter charges.
"This is a flawed ruling," said Deputy Public Defender
Todd Eddins, who is representing Aiwohi. "Conduct perpetrated
on an unborn child is not a crime at the time it is committed."
Eddins argued that most of the crystal methamphetamine that affected
the baby was delivered while he was in his mother's womb and not
legally a person. "We are highly optimistic that we will prevail
at trial and, if not there, our appellate courts will find this
ruling was erroneous," he said.
The case is the first in the state to go to trial that involved
the behavior of a woman during pregnancy that killed or injured
a baby who was delivered alive.
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