PROVIDENCE, R.I. (WPRI) — Rhode Island’s Supreme Court won’t hear an appeal from a North Kingstown woman convicted of killing her 8-year-old daughter.
A jury convicted Kimberly Fry of second-degree murder in 2011, finding her guilty of strangling her daughter Camden after the little girl refused to take a bath.
During a hearing in October, her attorney argued 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 maintained any effect the drugs had on Fry can’t be proven and that’s why it was left out as an option.
The defense was hoping for a new trial, with the possibility of proving diminished capacity – which implies the defendant was mentally impaired and typically results in a conviction of a lesser crime.