Hawaii Supreme Court Hears Arguments in Case of Woman Whose Infant Died Due to Crystal Meth Poisoning

The Hawaii Supreme Court on Wednesday heard oral arguments in the case of a woman who was convicted of manslaughter in 2004 after her newborn son died because she had used crystal methamphetamine during pregnancy, the Honolulu Star-Bulletin reports (Barayuga, Honolulu Star-Bulletin, 10/20). Hawaii Circuit Judge Michael Town in August 2004 sentenced Tayshea Aiwohi -- whose infant son Treyson had four times the adult toxicity level of methamphetamine in his system at his death -- to 10 years probation. An Oahu, Hawaii, grand jury in October 2003 indicted Aiwohi, who admitted using crystal meth -- also known as "ice" -- during pregnancy and while breastfeeding her son. Public Defender Todd Eddins, Aiwohi's attorney, in early March 2004 filed three motions for dismissal of the case, arguing that state law "does not encompass the reckless killing of a newborn by his mother for conduct which allegedly occurred prior to his birth." Under Hawaii state law, manslaughter charges can be brought against people only if they recklessly cause the death of another person, and state law requires that a child be born alive in order to be considered a person. Town in June 2004 said that Hawaii state law does not give a woman immunity for "allegedly harming her fetus [if it] is later born alive and dies." Aiwohi's case represented the first time the state held a woman criminally liable for behavior during pregnancy that led to the death of an infant (Kaiser Daily Women's Health Policy Report, 8/31/04).

Hearing Details
Supreme Court justices questioned whether the state's manslaughter law applies to Aiwohi because the law does not consider a fetus to be a "person," the Honolulu Advertiser reports. Associate Justice Steven Levinson asked Deputy Prosecutor Glenn Kim whether the prosecution's position is that a pregnant woman could be prosecuted for any "harmful act or omission" while pregnant, such as drinking alcohol. Kim said, "Of course, we would have concerns about it," adding, "And as a matter of law, we are saying if the particular case presented itself, we would charge it" (Kobayashi, Honolulu Advertiser, 10/20). "Here, we're talking about injury to a fetus that subsequently killed a live child," Kim said. Eddins argued that the state's manslaughter statute should not be interpreted to convict women on the grounds that their conduct while pregnant can result in harm to their newborn, adding that the Legislature should decide whether such prosecutions should occur. The justices did not disclose a date for when it will render a decision (Honolulu Star-Bulletin, 10/20).


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