The Michigan Court of Appeals has overturned the conviction of a Sterling Heights woman who was sent to jail after her baby daughter picked up a morphine pill off the floor, swallowed the pill, and died. The pill belonged to the terminally ill grandmother of the 11-month old girl. The mother, Kimberley Murphy, and her husband, were convicted of second degree child abuse. The jury found that Murphy’s house was filthy, and that she should have picked up the morphine pill.
In the opinion, the court said ‘filthy living conditions are not healthy for a child, but it’s a quantum leap to say that a dirty home presents a substantial risk of serious injury.’
Murphy, 40, was sentenced to 3 years to 10 years in prison in her daughter’s death. Her husband Harold, who was at work when the incident occurred, got at least 2 years. He did not appeal.