Salem Mother Who Withheld Son's Cancer Medication Released From Prison

BOSTON (CBS) -- A Salem mother convicted of attempted murder for withholding chemotherapy from her son is now out of prison. Last month the state's highest court granted 43 year old Kristen Labrie a new trial and Thursday a judge released her on bail.

"Good" was how Labrie responded when asked how she was feeling as she left Salem Superior Court. Moments earlier the shackles were released on Labrie who has served five years of an 8-10 year sentence for trying to kill her nine year old son Jeremy Fraser who died of cancer in 2009.

Labrie admitted during her 2011 trial that she did not follow the chemotherapy regimen doctors say would have helped Jeremy's chances of survival because the treatment was making him even more sick. But the Massachusetts Supreme Judicial Court said her attorney at the time never consulted with an independent oncologist to help her defense explain her intent.

In court Thursday prosecutor Kim Faitella said it would have made no difference. "The defendant testified and gave her reasons for not complying with the plan. All the reasons and her defense have already been rejected by a jury."

Labrie will now be living with her mother, is under home confinement with a curfew from 6 p.m. to 6 a.m., and has been ordered to stay away from drugs and alcohol. She is now serving five years probation for reckless endangerment.

A spokeswoman for the Essex County district attorney says a decision has not yet been made on whether the office will seek a new trial.