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Shuai pleads guilty to lesser charge, is freed

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Bei Bei Shuai is free.

The Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.

Shuai’s plea agreement was announced this afternoon in Marion Superior Court and accepted by Judge Sheila Carlisle. Shuai will serve no additional jail time and was released from monitoring Friday afternoon.

Defense attorney Linda Pence said the outcome was about the best her client could have hoped for short of dismissal. Shuai was sentenced to 178 days, but time served exceeds that amount. “She has served her time in this case,” Carlisle said in approving the plea agreement.

 “It feels great,” Shuai told reporters after the hastily-called final hearing in her case, which lasted less than 30 minutes. “I can tell you I feel great relief.”

The agreement also protects Shuai from any potential immigration sanctions. “Although the state has no authority regarding immigration laws, the state and defendant enter into this agreement with the belief that this conviction will not trigger adverse immigration consequences.

“If adverse immigration consequences occur based on this conviction, it shall result in the State filing a motion to set aside this agreement which shall be granted by this court,” the agreement says.

Pence has insisted that the case never should have been prosecuted. “This woman was in the throes of depression,” she said as she stood next to Shuai after the hearing. She said Shuai was prosecuted for actions she took that weren’t crimes.

Prosecutors made no remarks about the agreement during the brief hearing in which the felony counts were dropped. In order to allow the plea to the misdemeanor, the state filed amended information Friday afternoon that said Shuai on Dec. 23, 2010, “recklessly performed an act, specifically: ingested Brodifacoum, that created a substantial risk of bodily injury to a person, that is: Angel Shuai.”

Shuai, 34 at the time, was charged after her newborn daughter died days after her delivery by emergency caesarian section at Indiana University Health Methodist Hospital in Indianapolis. Shuai had told friends that she consumed rat poison days earlier in an attempted suicide after the baby’s father jilted her. Her friends persuaded her to seek medical attention.

Shuai was to face trial beginning Sept. 3 in State v. Bei Bei Shuai, and earlier Friday, Carlisle gathered reporters and media representatives for a decorum hearing. Pence said prosecutors had called her that morning with an offer.

Carlisle said earlier Friday she was prepared to call as many as 200 potential jurors within about two weeks.

After Shuai was charged, she spent 435 days in the Marion County Jail before a divided Court of Appeals ruled she should not be denied bail, and she ultimately was freed on $50,000 bond. One appellate court judge dissented, saying the grant of bond didn't go far enough and that she would dismiss the charges altogether.

Carlisle also approved a waiver of fines and court fee for Shuai, who Pence said had limited resources. After the hearing, Pence said Shuai was one of the kindest and most gracious young women she had ever met and works seven days a week at an Indianapolis Chinese restaurant. “She has a fabulous life ahead of her,” Pence said.

But Pence said Shuai also will bear the results of her actions, and said she sleeps with her daughter’s ashes nearby. “The one who will suffer,” Pence said, “it will be this woman.”

Shuai’s case became an international story, and she thanked supporters, who she said boosted her spirits while she was jailed. “I was really, really depressed until one day I read a letter a supporter sent to me,” she said. “I remember every one of them.”

“I’m thrilled it’s been resolved and Miss Shuai doesn’t have to undergo any more pain,” Pence said.  
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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