PROVIDENCE, R.I. (WPRI) — A North Kingstown woman who’s serving time for the death of her daughter took her fight for a new trial to the state Supreme Court Wednesday.
Kimberly Fry was found guilty in 2011 of strangling her 8-year-old daughter Camden after she refused to take a bath. She was sentenced to 40 years in prison with 20 to serve for second-degree murder.
Fry’s previous request for a new trial was denied, so she took it up with the Supreme Court. Her attorney argues Fry had diminished capacity when she killed Camden because she took a lot of pills, but claims the judge didn’t present that as an option to the jury prior to deliberations.
Prosecutors say any effect the drugs had on Fry can’t be proven, and that’s why it was left out as an option.
The defense now seeks a new trial, with the possibility of diminished capacity. Diminished capacity implies the defendant was mentally impaired, and typically results in a conviction of a lesser crime.
“She did not receive instructions that reflected the evidence in this case, and that was unfair to her and unfair to the jury that could not consider this evidence under the correct law,” her lawyer said Wednesday.
The Supreme Court is expected to rule in the case in the next six to eight weeks.