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(Source: Multnomah County Sheriff's Office - Faces of Meth™) |
Mother's Sentence Overturned in Meth Baby Death
The Hawaii Supreme Court has unanimously overturned the manslaughter conviction of a methamphetamine-addicted mother whose baby died as a newborn, the Honolulu Advertiser reported Nov. 30.
The justices, however, offered differing reasons for their decision: Associate Justice Paula Nakayama said Tayshea Aiwohi's meth use while pregnant occurred before her child was legally a "person"; Associate Justice Simeon Acoba said the manslaughter statute could not be applied to a pregnant women because she would only be subject to prosecution if her baby died after a live birth, thus making her uncertain at the time of her drug use if she was guilty of possible manslaughter.
Treyson Aiwohi died two days after birth; the Honolulu medical examiner found high levels of methamphetamine and amphetamine in his system. Tayshea Aiwohi admitted using meth just before giving birth, including the morning of the day her son was born.
"We continue to believe that babies such as Treyson Aiwohi deserve the protection of the law," Honolulu Deputy Prosecutor Glenn Kim said. "And we also continue to believe that people like Tayshea Aiwohi doing what she did to her baby continue to deserve to suffer the consequences of the law for those actions."
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