Ruling turns on
definition of ‘person’Prosecutors say a mother killed
her newborn baby by smoking 'ice'
A circuit judge plans to announce his decision next week on whether prosecutors can proceed with a precedent-setting manslaughter case against a woman who allegedly caused her child's death by smoking crystal methamphetamine during her pregnancy.
Tayshea Aiwohi, 31, of Kaneohe, was indicted in October by an Oahu grand jury after her son, Treyson, died two days after his birth. A deputy medical examiner testified to the grand jury the baby died with four times the toxic level of methamphetamine for an adult and twice the toxic level of amphetamines in his system.
At a hearing yesterday packed with Aiwohi's supporters, Judge Michael Town grilled the defense and prosecution over case law involving state and common law definitions of "a person."
A key issue determining whether the case will go forward is whether Treyson was legally "a person" when his mother took the drugs and allegedly committed manslaughter, defined "recklessly causing the death of another person."
The case could set a precedent in the state for prosecuting women for behavior during pregnancy that kills or injures their babies.
Critics have said that could open the door to prosecuting women for any harmful behavior during pregnancy -- using alcohol or tobacco, changing cat litter or eating raw fish.
Under Hawaii law, a person is "a human being who has already been born and is alive." Both the defense and prosecution agree on that definition. They differ on when and how to use it.
Defense attorney Todd Eddins argued that as a fetus, Treyson was not legally a person when he received most of the methamphetamine. Eddins said for manslaughter to apply, the criminal action must occur at the time the victim is legally a person.
A deputy medical examiner testified to the grand jury that Treyson could not have possibly have ingested enough breast milk after birth to have achieved the levels of drugs in his system that killed him.
Eddins argues the majority of the methamphetamine was delivered to Treyson while in his mother's womb, when he was not legally a person.
Deputy Prosecutor Glenn Kim said that "at the time he (Treyson) was born, he was (legally) a person. And if bingeing on ice before his birth caused the lethal level of methamphetamine in his body that killed him two days after his birth then the only question to decide was the defendant's state of mind," which a jury decides in a manslaughter case.
Referring to Honolulu Prosecutor Peter Carlisle, Eddins told Town "we have an activist prosecutor in this county."
He said the proper forum for deciding the definition of a human being is the Legislature and not a courtroom.
"The prosecution is attempting to co-opt the Legislature's authority," Eddins said.
Kim responded "it is for a jury to decide whether she is criminally responsible."
Town said he will announce his decision at 1:30 p.m. June 3.