There’s No Justice For A Dead Baby

Rick Hamada
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Wednesday - December 07, 2005

Justice is a funny thing. As with beauty, it is truly in the eye of the beholder.

Take the recent Hawaii State Supreme Court case regarding Tayshea Aiwohi. She is the mother found guilty of manslaughter in the death of her 2-day-old son Treyson. She admitted to taking crystal meth in the final days of her pregnancy, along with other destructive behaviors. She delivered young Treyson alive, but he was so polluted with ice that he died from a drug overdose. Her attorneys appealed the decision and the state Supreme Court overruled the manslaughter conviction. Her record is clean and she is free. It’s as if it never happened.

The decision to overrule was based on two primary points.

First, a fetus is not considered human by the HSSC.

Second, they cited numerous other states that do not consider a fetus human. Consequently, since Treyson received the drugs while inside his mother, his subsequent death after birth does not count because he technically did not exist until he was born. Therefore, Aiwohi’s drug use did not cause the death of her son, because you cannot cause the death of something which technically has no life. Although young Treyson lived two days after his birth, up until the moment he emerged from his mother, he did not exist.

Sound crazy? You betcha. Our state is a walking contradiction. We espouse all this concern about the keiki. Listen to politicians ad nauseum tell you we must do all kinds of things ... for the keiki. There is a PSA running on local TV now about how so many members of our community are responsible for raising our keiki. Let me tell you the truth. The courts, the defense lawyers and liberal politicians don’t give a rip about the keiki. The keiki are good for only one thing - to use for their own personal and professional agendas.

Don’t think so?

Which state was first to legalize abortion?


I am not here to debate the abortion issue because, in my mind, there is no debate. Abortion is the killing of a human being. You know why liberals and some others can’t stand that anti-abortion truck going around town with graphic pictures of aborted babies? Because it is the stark reality of the violent death he or she experiences at the hands of an abortionist. The primary point of contention regarding abortion is whether life begins at conception or at birth.

I have one word: Ultrasound. In this case, the point of contention is whether Treyson Aiwohi was a human being while being fed crystal meth by his mother. I believe the salient point here was the conduct of Tayshea Aiwohi and her abdication of responsibility as a pregnant woman.

Her defense attorney is casting a shadow of doubt over the amount of ice ingested by Aiwohi while pregnant. We are told there are extenuating circumstances that may have actually led to the death of her son. She and her lawyer claim she did not take as much ice as the prosecution contends. She also says she was smoking. That could have been the reason. She had suffered two other miscarriages. That was part of the cause of his death.

Are you listening to this garbage? The medical examiner determined the cause of death to be a fatal dose of crystal meth. Period.

Tayshea Aiwohi is starting to believe her own press. She has received so much attention because of her tragic circumstance. She is holding fundraisers for her foundation, draped in lei, thanking her supporters who are enabling her delusion. Where is her absolute admission of guilt to killing her son? I see the remorse in her tears during court testimony and press coverage. But her remorse strikes me as sadness for her situation rather than the loss of her son.

Tayshea Aiwohi may have legally been exonerated of any crime. But let’s not kid anyone. She is as responsible for that child’s death as if she put the pipe to his little lips. I just hope in all the celebration of her freedom there is some time to remember the life of a child prematurely ended because of the actions of his mother.

Aiwohi’s husband recently said, “My son can now lay at rest.” How is that possible? The person responsible for his death walks away with a clean record, her freedom and the Hawaii State Supreme Court determines his son did not exist.

In all of the information about this case, we hear nothing of this little boy. We hear nothing of the possibilities of his life. Treyson Aiwohi should be mentioned in every breath when talking about his mother’s life. She tells us she has turned her life around. She is working for the state. She is pursuing college degrees. She is helping others. The irony of all these accomplishments is that she denied her own son the same opportunity to live a life full of hope and promise.

Where is Treyson’s justice?

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