An Indiana prosecutor has decided not to appeal a judge's decision barring a doctor's testimony that the rat poison a woman ate while she was pregnant caused her newborn's death.
Marion County prosecutor's office spokeswoman Peg McLeish told The Associated Press on Wednesday that the office wouldn't seek a review of the Jan. 23 ruling that effectively gutted key evidence in the murder trial of Bei Bei Shuai.
McLeish says Prosecutor Terry Curry hasn't decided whether to drop the murder charge against Shuai or ask another pathologist to analyze the baby's January 2011 death.
Judge Sheila Carlisle said the testimony of the doctor who performed the autopsy didn't consider other possible causes.
Shuai's lawyers say she was attempting suicide and didn't mean for her baby to die.