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Mother's Drug Use Issue Before Supreme Court In Infant's Death

POSTED: 6:11 pm HST October 19, 2005
UPDATED: 9:18 am HST October 20, 2005

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A woman whose newborn son died from her prenatal drug use watched the Supreme Court hear her case Wednesday.

Tayshea Aiwohi greeted supporters in the Supreme Court gallery. She is currently serving probation for manslaughter. She was convicted of recklessly killing her 2-day-old son, Treyson, by using crystal methamphetamine daily before his birth.

Justices Simeon Acoba and Steven Levinson asked whether damage to a fetus by the mother can be illegal.

The chief justice asked if Aiwohi's breastfeeding could have contributed to death.

"Don't we have conduct against a person?" Chief Justice Ronald Moon asked.

"It's unsupported that type of behavior, as far as causing the death of a newborn," defense attorney Todd Eddins said.

Justices learned that the Aiwohi case could set a national precedent.

Aiwohi said she has been sober since Treyson's death. Now she warns other women about what happened to her.

"The emotions I were feelings was excitement, a little frustration, but I have to trust the process on this," Aiwohi said.

It's been four years since Treyson Aiwohi died. Given the division of the questioning Wednesday, it could be some time before it is known whether the prosecution of his mother was legal, KITV reported.

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