Judge to Consider Motion For New Fry Trial

Kimberly Fry returns to court next week as attorneys seek a new trial for the convicted murderer.

Judge William Carnes, Jr. scheduled a hearing for Thursday, Nov. 10 at 11:30 a.m. to consider a defense motion for a new trial. Public defender Sarah Wright filed the motion, a standard practice after a conviction.

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.

Fry has been held at the Adult Correctional Institutes in Cranston since her arrest more than two years ago. She has not yet been sentenced. Fry faces 10 years to life in prison.