PROVIDENCE, Rhode Island — Rhode Island's highest court won't hear an appeal from a North Kingstown woman convicted of killing her 8-year-old daughter after she refused to take a bath.
Kimberly Fry was found guilty of second-degree murder in 2011 and sentenced to 20 years in prison.
Her attorney argued to the state Supreme Court in October that Fry swallowed pills and had diminished capacity when she killed her daughter, Camden, in August 2009.
Her lawyer said the trial judge never informed the jury about a possible involuntary manslaughter finding due to the effect of the drugs.
Prosecutors said the option was never given since the effect of the drugs could not be proven.
The state Supreme Court determined that Fry's lawyer failed to challenge the jury instructions during the trial.