Judge rules that woman convicted of murder should not face execution

Judge Richard D. Aiken has ruled that the death penalty should not be imposed for a woman convicted in the 1994 death of her ex-boyfriend.

Aiken made the ruling Friday in Manhattan Supreme Court, ruling that a jury had improperly convicted a woman of murder after finding her guilty of manslaughter in the death of 23-year-old Jodi Hernandez, who was stabbed to death by her boyfriend, George Gershwin, in 1994.

The ruling was expected to be appealed to the U.S. Supreme Court.

Hernandez was found guilty of killing Gerschwin after an argument in which she had accused him of raping her, and that she had a knife in her purse.

She was sentenced to death in 2001, but she appealed to a lower court, and her case was retried and was eventually overturned.