Emotionally battered killer wins reversal

SAN JOSE, Calif., Sept. 5 (UPI) -- A judge in California has reversed the conviction of a woman who killed her abusive ex-boyfriend 15 years ago when she was 16.

Rena Alspaw was serving 30 years to life for the murder of Sean Swanson, 21, the San Jose Mercury News reported Saturday. She shot Swanson four times with a stolen handgun on an isolated hiking trail in a park.

Judge Diane Northway voided the conviction under a 2002 law that allows reversals when jurors could have been presented with evidence of battering. Her action means Alspaw could get a new trial or even released without more legal proceedings.

Alspaw did not argue Swanson was physically abusive. But he had a history of violence, and she said he did things like complaining to police about her and making insulting remarks about her over a loudspeaker mounted on his truck.

Prosecutors say Alspaw was simply jealous after she and Swanson broke up.

Patrick Kelly, Alspaw's lawyer, said if she is retried, evidence that she had reason to fear Swanson could lead to a conviction on second-degree murder or manslaughter, making her eligible for parole or release on time served,.