The justices, however, offered differing reasons for their decision: Associate Justice Paula Nakayama said Tayshea Aiwohi's meth use while pregnant occurred before her child was legally a "person"; Associate Justice Simeon Acoba said the manslaughter statute could not be applied to a pregnant women because she would only be subject to prosecution if her baby died after a live birth, thus making her uncertain at the time of her drug use if she was guilty of possible manslaughter.

Treyson Aiwohi died two days after birth; the Honolulu medical examiner found high levels of methamphetamine and amphetamine in his system. Tayshea Aiwohi admitted using meth just before giving birth, including the morning of the day her son was born.

"We continue to believe that babies such as Treyson Aiwohi deserve the protection of the law," Honolulu Deputy Prosecutor Glenn Kim said. "And we also continue to believe that people like Tayshea Aiwohi doing what she did to her baby continue to deserve to suffer the consequences of the law for those actions."

COMMENTS ON THIS ARTICLE:

Posted by Doo on 07 Mar 08 06:04 PM EST

I am familiar with this type of situation. I used while pregnant also, by the grace of God my baby was born in perfect health, & has been doing well ever since. I know that only time will tell if he ends up learning slower than other kids or something developmental like that. But, what I wanted to comment for this story was that everyone makes mistakes in life, some bigger than others. I believe that everyone should get a second chance to right their wrong, or show that they know they messed up. I cannot even imagine having to deal with the death of my baby. That right there is the worst punishment you could possibly endure. So, I think that losing your child would cause enough pain & it would sure cause you to reflect on what you would have done differently. I say she should at least get a chance to go to treatment of some kind, & also counseling, & see if she can get on the right path. If she f*cks up again, then things would probably have to be reconsidered as tohow to handle the situation.

Posted by Mary on 05 May 09 01:13 AM EDT

My sister in law has given birth to 5 drug babies, and is pregnant with her 6th. She has a total of 8 children, which are all gone from her custody. I am not rich, my ? is why cant I have one of these babies? Why is she so selfish that she thinks she is going to keep this one- and then the state takes the baby. How many children have to go through this? why cant there be a law to stop this after so many times?

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