Ice trial in baby death opposed
By Karen Blakeman
Advertiser Staff Writer
More than 50 organizations and medical professionals appealed yesterday to Honolulu Prosecutor Peter Carlisle to drop charges against Tayshea Aiwohi, a 32-year-old Kane'ohe woman accused of reckless manslaughter in the death of her 2-day-old son, Treyson.
In a letter sent to Carlisle, they contend that women who abuse crystal methamphetamine while pregnant should not be prosecuted when their newborns die.
Tayshea Aiwoh
The Aiwohi case is the first in the state based on a woman's behavior during pregnancy.
Aiwohi's prosecution will move forward, Carlisle said.
"For decades now, we've been hearing that the way to deal with criminals is to rehabilitate them," he said. "And that is the same song they (the letter's signers) are continuing to sing."
Those who signed the letter include officials from medical associations as well as healthcare providers, medical ethicists, midwives, child welfare advocates, public health advocates and researchers. They contend that proper treatment is the only hope for drug-addicted mothers and their children.
"Drug dependency is a medical condition — not a crime," they wrote. "Patients do not and cannot simply stop their drug use as a result of threats of arrest or other negative consequences."
The threat of arrest and prosecution causes drug-addicted mothers to act in ways that are more harmful to their children, the letter said. They contend that the fear of being reported to the police by medical authorities makes them less likely to seek prenatal care and drug treatment.
Several of the professionals objected to Aiwohi's prosecution during a panel discussion yesterday at the YWCA on Richards Street.
Willie Parker, an obstetrician at The Queen's Medical Center, said studies in South Carolina, where similar prosecutions have become common, show that infant mortality rates and abandoned baby cases have increased since the prosecutions began.
The rate of women entering treatment has decreased in South Carolina, he said.
Chris Derauf, a pediatrician at Kapi'olani Medical Center for Women and Children and a crystal methamphetamine researcher, said he is seeing a trend of women with dependencies choosing to avoid hospitals when they deliver their babies.
Leslie Gise, a Maui psychiatrist specializing in women's mental health, said there are only two treatment programs in the state — one on O'ahu and one on Maui — that address the needs of addicted mothers. And, she says, too many women do not receive adequate treatment even when they seek it.
Treyson Aiwohi died in July 2001, less than a day after mother and son were released from Kaiser Medical Center.
A medical examiner said the levels of methamphetamine in his blood were four times that considered toxic in an adult.
The baby's mother was charged in her son's death in October. Her lawyer, Todd Eddins, is expected to ask a judge on Tuesday to dismiss the case.
Prosecutors, Carlisle said, will argue that the case should go to trial.
Reach Karen Blakeman at 535-2430 or kblakeman@honoluluadvertiser.com.
