Prosecutors will not appeal a judge’s decision disallowing testimony in the complicated case of a mother accused of killing her newborn by ingesting rat poison.
The Marion County Prosecutor’s office said it will not seek an interlocutory appeal of a Marion County judge’s ruling disallowing testimony from a pathologist. That pathologist determined that the death of Shuai’s baby was due to rat poison Shuai ingested while trying to take her own life. The judge said that testimony can’t be used in court because the pathologist failed to consider other potential reasons for the child’s death.
Prosecutor Terry Curry now faces two alternatives. He can either drop the murder charge or consult another pathologist.
No decision has been made on either one of those options and there’s no specific timeline for the decision, according to the prosecutor’s office.
Shuai has been out on bond since May. Her trial is set for April 22.