The Michigan appeals court has overturned the child abuse conviction of a woman whose 11-month-old daughter died from eating a morphine pill.
The Macomb Daily reports the court issued two opinions Wednesday reversing the conviction and prison sentence of Kimberly Murphy in connection with the 2013 death of Trinity Murphy.
One ruling says the verdict wasn't supported by sufficient evidence. Another opinion says the Sterling Heights woman wasn't found to be reckless.
Judge Elizabeth Gleicher says it’s a case “built on emotion rather than fact or law.” She says no one really knows how the little girl got the morphine. Her late grandmother had a prescription for pain management, but the vial was out of reach.
Prosecutors had argued she committed the "reckless act" of maintaining an extremely messy house that allowed the child to ingest the pill grandmother. The appeals court says that might be “inaction” - but not a reckless act.
Murphy's husband Harold Murphy also was convicted of second-degree child abuse and was sentenced last year to a minimum of 2 ½ years in prison. He didn't appeal.