Hearing Postponed as Fry Attorneys Seek New Trial

A hearing scheduled for today on a motion for a new trial for convicted murderer Kimberly Fry has been canceled. It has not yet been rescheduled.

Public Defender Sarah Wright has not filed an appeal, rather a request for a new trial, a standard defense motion after a conviction, according to Amy Kempe, public information officer for the Rhode Island Attorney General's office. At the rescheduled status hearing, Judge William Carnes Jr. will set a date for arguments to be made on the motion.

Fry, 38, was convicted on Oct. 6 of second-degree murder for strangling her 8-year-old daughter, Camden, in August 2009. While acknowledging that Fry caused the girl's death, the defense maintained there was no intent to kill. Fry, the defense asserted, was attempting to perform a restraint technique designed to stop a tantrum. Camden, who had been diagnosed with Attention Deficit Hyperactivity Disorder, had a history of violent tantrums that included punching, kicking and biting, the defense has said.

Prosecutor Stephen Regine maintained it could not have been an accident. He presented expert testimony that Fry would have had to maintain constant pressure on Camden's chest, neck and/or mouth for at least five minutes after the girl lost consciousness for her to die.

The jury returned a guilty verdict after less than five hours of deliberation. Sentencing has not yet been scheduled. Fry faces the possibility of life in prison.