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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.