Woman Who Ate Poison While Pregnant Loses Appeal

By CHARLES WILSON | May 11, 2012 | 1:55 PM EDT

INDIANAPOLIS (AP) — A woman who ate rat poison while she was pregnant has lost her bid to have murder and feticide charges against her dropped in Indiana.

However, the Indiana Supreme Court's unanimous ruling Friday does allow Bei Bei Shuai (Bay Bay Shway) to be released on bond, which is rare in murder cases.

Attorneys for the 34-year-old Chinese immigrant contend she ate rat poison in December 2010 in a suicide attempt, not to kill her baby. Prosecutors have said she wanted the baby to die. The baby died three days after being born.

Defense attorneys argued that prosecuting a woman based on the outcome of her pregnancy violates constitutional rights to due process and equal treatment and is cruel and unusual punishment.