By Carrie Ritchie and Bill McCleery for The Indianapolis Star
Indianapolis -- Murder charges against a woman accused of killing her child when she tried to commit suicide while she was pregnant should stand, the Indiana Court of Appeals ruled Wednesday.
But the court allowed Bei Bei Shuai, 35, to seek bail. A bail hearing is scheduled for Friday .
Marion Superior Court Judge Sheila Carlisle in June denied Shuai's requests to drop the murder and feticide charges and to set bail. Attorneys for Shuai appealed.
The appeals court rejected arguments by Shuai's attorneys that Shuai is being improperly prosecuted for a suicide attempt and that common law gives immunity to pregnant women who commit acts that harm a fetus.
Though bail is rare in murder cases, the appeals court said Shuai presented evidence that "rebutted the presumption of guilt required to hold her without bail," according to the ruling.
Shuai's attorney, Linda Pence, did not return a call for comment Wednesday.
Shuai apparently intended to commit suicide when she ingested rat poison Dec. 23, 2010, according to court documents. She also wrote in a suicide note that she was "taking this baby" with her, the documents said.
A friend learned Shuai had ingested rat poison and drove her to a hospital. The 33-week-old fetus, a girl, was delivered by cesarean section but died Jan. 3, 2011.
The case has been closely watched by women's rights and other groups, which have filed friend-of-the-court briefs asserting that this case is different from typical murder cases.