Mom gets probation
for son's death

The Kaneohe woman smoked
"ice" while she was pregnant

A Kaneohe woman who was the first person in Hawaii to be charged with killing a baby by using crystal methamphetamine during and after pregnancy was sentenced yesterday to 10 years' probation.

Under a plea agreement, Tayshea Aiwohi, 31 pleaded no contest in June to manslaughter, recklessly causing the death of her 2-day-old son, Treyson, on July 17, 2001.

Treyson was born almost a month premature and died two days after birth with four times the toxic level of crystal methamphetamine for an adult in his system.

In agreeing to abide by the plea deal, Circuit Judge Michael Town said, Aiwohi has taken responsibility for the death of her son by completing rigorous and demanding drug treatment and parenting classes.

"She has done everything expected of her since the death of her child, Treyson Kaimana, in July 2001, as well she should," Town said.

And, according to a probation report, Aiwohi has the support of her family and has all the skills needed to be a safe parent to her five other children, Town said.

But Town said the community should be put on notice that using "ice" while pregnant can result in death or serious injury to children born alive.

He also emphasized that using drugs is initially a matter of choice and not an illness.

"Certainly it is a conscious choice to obtain and use the drug initially and, worse yet, while pregnant," he said. "Why anyone would use the drug knowing they are carrying a child is baffling to most people."

Aiwohi's indictment last October stirred emotional debate among drug treatment providers and health care professionals, who argued that prosecuting mothers would deter them from seeking drug treatment or prenatal care for themselves and their unborn baby.

Aiwohi did not speak at her sentencing. But her mother, Pat Puakea, and three women who have benefited from Aiwohi's counseling at Hina Mauka, a drug rehabilitation program, gave tearful testimony praising her for the positive changes she has helped them make in their lives.

Outside the courtroom, Todd Eddins, attorney for Aiwohi, said the city prosecutor "guinea-pigged" Aiwohi by prosecuting her.

"We anticipated success at trial. However, Tayshea felt it was in the best interest of her family, her children, to avoid the spotlight of a public trial, and that is why she accepted the plea agreement," Eddins said.

While they appreciated Town's ruling, he said, they are confident they will prevail on appeal. "It's been our position all along that conduct committed prenatal is not a criminal offense, and Tayshea did not commit a criminal offense," Eddins said.

After the sentencing, Deputy Prosecutor Glenn Kim said he was gratified at Town's comments that using drugs is a choice, not an illness.

"Once people get caught and addicted, sure, it's very difficult to get off, but from the get-go it's a choice -- and it's a wrong choice. And people have to take responsibility for their actions, just like Ms. Aiwohi was forced to take responsibility in this case."

Kim said he hopes a case like this does not happen again, but if it does and it is appropriate, they will prosecute.