ILNews

State may drop Bei Bei Shuai murder charge after adverse ruling

Back to TopCommentsE-mailPrintBookmark and Share

A judge’s ruling last week barring a medical examiner’s testimony that rat poison ingested by Bei Bei Shuai caused the death of her newborn daughter should cause the state to consider dropping all charges, Shuai’s defense attorney said.

Marion County Prosecutor Terry Curry said the ruling could lead to the dismissal of a murder charge against Shuai, but not an attempted feticide charge.

“We’re examining three options for moving forward. These options are requesting an interlocutory appeal of this ruling, engaging a second pathologist to review and assess the cause of death, and dismissing the murder charge and proceeding with prosecution of the attempted feticide charge,” Curry said in a statement. “We have not yet made a decision as to which option we will pursue.”

Shuai was charged with murder and attempted feticide in January 2011 after her newborn daughter, Angel, 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 when her pregnancy was almost at full term. Her friends persuaded her to seek medical attention.    

Marion Superior Judge Sheila Carlisle ruled last week that findings of a medical examiner who testified that rat poison caused the newborn’s death were “not reliable” and could not be used.

“It has been our position from the get-go this is an unconstitutional and illegal prosecution in the first place,” Linda Pence of Pence Hensel LLC said of Shuai’s prosecution. “The only reason she was in jail for 14 months is because they charged her with murder and they knew it was a weak case to begin with.

“Now, to dismiss that (murder charge) but to keep on prosecuting a weak case is immoral and unjust,” Pence said. She said an interlocutory appeal would go before the same Court of Appeals that freed Shuai from jail and pointed to deficiencies in the medical examiner’s testimony.

Pence said Carlisle’s ruling acknowledged testimony that she argued was “not based on scientific principles, biased and quite frankly not probative.”

Pence also has argued investigators shouldn’t have had access to Shuai’s and Angel’s medical records. Carlisle has yet to rule on that motion. Shuai’s trial is set for April 22.

Read more about the Shuai case here. 


 

ADVERTISEMENT

  • Infallible Prosecutors?
    Prosecutors have one goal, a conviction, justice is a secondary concern! WAKE UP AMERICA All it takes for tyranny to gain a foot hold is for people of good conscience to remain silent IT'S TIME FOR ALL AMERICANS TO STAND AND SPEAK UP MUST READ ARTICLES The Infallible Prosecutor: Google it! 10,000 innocent people convicted in the U.S. each year! Scalia's death row lunacy: Google it! Most registered sex offenders are innocent!!! www.wikipedia.org Type censorship in the U.S. in the search box IF YOU DON'T KNOW YOUR RIGHTS YOU DON'T HAVE ANY WE MUST PROTECT OUR CONSTITUTIONS

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT