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Breastfeeding Mom Faces Manslaughter Charges

Prosecutor: Woman Had Drugs In System When Her Child Died

POSTED: 8:27 pm HST October 9, 2003
UPDATED: 11:08 am HST October 10, 2003

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A mother of five in Kailua was charged with reckless manslaughter Thursday in the death of her two-day-old son.

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More than two years ago, Treyson Aiwhhi died of a lethal dose of methamphetamine. Authorities say she may have killed him by breastfeeding.

Aiwohi died on his first day home after birth. The medical examiner says his mother, Tayshea Aiwohi, admitted using the drug "ice" before and after going to the hospital, and breast-fed Treyson four-and-a-half hours before he died.

Just last month, a California mother -- Amy Prien -- was convicted of murder for the meth death of her breastfeeding son.

But prosecutor Peter Carlisle says Tayshea Aiwohi did not intentionally kill her child, so it's not murder.

"I think that would not have been an appropriate charge under the facts and circumstances of this case," Carlisle said.

In order to prove reckless manslaughter, prosecutors will have to show that Tayshea Aiwohi knew that what she was doing could endanger the life of her child. Mark Wosham -- her family court attorney -- says it's not clear at all how or when the meth got to Treyson Aiwohi's system.

"Whether he got it from breast milk, whether he got it from being in a room where other people were using -- I don't think that's really clear," said Wosham. "Not to me anyway."

Another challenge for the prosecutor is Hawaii's law that says you are not a person until after birth, so the drug in Treyson Aiwohi's system before he was born may not be usable in convicting his mother.

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