INDIANAPOLIS – An Indiana prosecutor has decided not to appeal a judge’s decision barring a doctor’s testimony that the rat poison a Chinese immigrant ate while she was pregnant caused her newborn’s death, a spokeswoman said Wednesday.

Prosecutors have argued Shanghai native Bei Bei Shuai killed her child by eating rat poison in December 2010, when she was eight months pregnant. But a judge last month ruled that Dr. Jolene Clouse, who performed the autopsy on newborn Angel Shuai, didn’t consider other possible causes for the brain bleeding that caused the baby’s death, including a drug that Shuai received while she was in the hospital.

However, the Marion County prosecutor’s office won’t seek a pre-trial review of that ruling, spokeswoman Peg McLeish told The Associated Press on Wednesday. That effectively leaves Prosecutor Terry Curry with two options: drop the murder charge and prosecute Shuai only for attempted feticide or ask another pathologist to analyze the baby’s death.

Shuai’s lawyers say she was attempting suicide after her boyfriend left her and didn’t mean for her baby to die, but prosecutors say she left a note saying she was “taking this baby,” which they maintain proves her intent. Shuai was hospitalized and gave birth on Dec. 31. The baby died three days later.

Defense attorney Linda Pence said Wednesday that Curry should dismiss both charges against Shuai.

“She’s not guilty of either crime,” Pence said.