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Jurors may be asked mental health, suicide questions in Shuai case

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Potential jurors in the high-profile trial of a Chinese immigrant charged with murder for the death of her newborn daughter won’t have to disclose their religious or political views, but they will be asked whether they or people close to them have been treated for mental health issues, suffered the loss of an infant or attempted suicide.

Those and other supplemental questions may be provided in confidential juror questionnaires that Marion Superior Judge Sheila Carlisle will approve in coming weeks for the trial of Bei Bei Shuai. Carlisle on Friday ruled on several questions Shuai’s defense proposed. Prosecutors say the trial could last three weeks.

Carlisle urged defense and prosecuting attorneys to work together to revise questions that will be allowed with some modification. For instance, a proposed question about whether prospective jurors had traveled to China will be reworded. “I do not want to focus on a particular country,” Carlisle said.

Shuai is charged with murder and attempted feticide in the death of her daughter. In the waning days of 2010, Shuai attempted suicide by consuming rat poison after she was jilted by the baby’s father. After friends persuaded Shuai to seek medical attention, her daughter was delivered by Caesarian section but died a few days later.

A medical examiner’s testimony that rat poison was the cause of death was ruled unreliable and inadmissible, but the state has contracted with a Michigan pathologist to rule on a cause of death, the results of which have not yet been disclosed.

Friday, Carlisle ruled out seven of 15 proposed defense supplemental questions that would have asked potential jurors about their religious and political views. Prosecutors argued none of the proposed questions should be asked. “That’s crossing a line into the improper,” deputy prosecutor Courtney Curtis said of the proposed question, “Do you identify with a certain religious faith?”

Barnes & Thornburg LLP partner and jury selection expert Dennis Stolle joined Shuai’s defense and said that questions regarding depression, China and others were “attitudinal” in nature and aimed to ensure a fair and unbiased jury.

Stolle told Carlisle that he’d represented a defendant in a recent case in Hendricks County that involved a litigant who was Chinese. Jurors were asked in open court of their views of people from China, Stolle said, and “I was astonished by their responses. … It was unsettling.”

Carlisle estimated as many as 150 to 200 potential jurors may be called to fill out questionnaires and be considered for a jury she said would consist of 12 jurors and likely six alternates.   

Carlisle said she intends to inform jurors in the questionnaire of the case they’re being called for, the language of the criminal complaint, and identify attorneys and potential witnesses so that potential jurors with clear conflicts can be removed from the pool. Jury selection will begin Aug. 26 for the trial scheduled to start Sept. 3.

Meantime, Carlisle ordered attorneys to prepare final witness lists by July 3 and file opposition or support for exhibits by July 15.

The Shuai case became international news after charges were filed. Shuai's attorney Linda Pence says charges should never have been brought and they represent a criminalization of conduct for which men and non-pregnant women would not have been prosecuted.

Marion County Prosecutor Terry Curry said in an August interview that the language of criminal statutes under which Shuai is charged is plain, and he had no hesitation about filing charges once facts of the case were known because Shuai’s conduct fell within that language.

Carlisle acknowledged the hundreds of potential exhibits from prosecutors and the defense and made the pronouncement that rather than granting continuances, evidence would be stricken if it didn’t meet deadlines.

The judge restated her admonition that no further delays would be granted in a case that’s already well over two years old. “We do not have the luxury of parties waiting to file motions,” Carlisle said. “We are at the point where evidence is going to be excluded before we add additional time in this case.”
 

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  1. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  2. Low energy. Next!

  3. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  4. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  5. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

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