A Marion County judge dealt a blow to the prosecution in the controversial murder case against Bei Bei Shuai.
The judge ruled the conclusion that newborn Angel Shuai died as a result of her mother injesting rat poision cannot be used in court.
The judge said the pathologist who performed an autoposy on the infant didn’t consider other potential reasons for the brain bleeding that led to the newborn’s death.
Bei Bei Shuai’s attorneys have argued Shuai, who has no criminal history, was attempting suicide when she consumed the poison in December 2010. They said prosecuting Shuai based on the outcome of her pregnancy is unconstitutional and the baby’s death did not result from murder.
Bei Bei Shuai appealed to the Indiana Supreme Court to have murder and attempted feticide charges dropped. However, the court denied the appeal in May 2012.
She was granted a $50,000 bond and was released from prison that same month. Bei Bei Shuai surrendered her passport, was fitted with a GPS monitoring system and has agreed not to leave the state as a part of her release.
Her trial has been set for April 22.