Court upholds husband killer's conviction

BOSTON -- Massachusetts' highest court has upheld the murder conviction of a Dartmouth woman who fatally shot her husband while he slept.

The Supreme Judicial Court on Tuesday rejected Tolan's arguments that her conviction should have been reversed because of ineffective legal counsel, and that statements to police should have been suppressed.

She also appealed on the grounds that the trial judge prejudiced the jury against her and should have instructed jurors to consider a manslaughter charge.

The court said Tolan freely gave her statements to police detectives and was given sound legal representation.

Prosecutors say Tolan shot her husband on Dec. 3, 2002. Tolan said her husband was suicidal and the gun discharged as she tried to take it from his hands.

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