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State may drop Bei Bei Shuai murder charge after adverse ruling

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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. 


 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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