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ATLANTA (AP) — An elderly woman convicted of killing her 85-year-old ex-boyfriend because she thought he was seeing another woman was granted a new trial Friday, more than two years after she was sentenced to life in prison.
A jury convicted Lena Driskell of killing Herman Winslow in 2005 at the Atlanta assisted living home where they had both lived, but her new attorneys argued that her defense team was ineffective.
Fulton County Superior Court Judge Ural Glanville agreed, saying Driskell's previous lawyers didn't object to key testimony and didn't press for a charge of manslaughter, which carries a lesser sentence.
Police said Driskell, who was 78 at the time, was enraged that her yearlong relationship with Winslow had ended and that he was seeing another woman. Dressed in a hairnet, bathrobe and slippers, she confronted Winslow with an antique handgun and fired up to four times, prosecutors say.
"I did it and I'd do it again!" Driskell was quoted as yelling to the officers who arrived at the home.
They contended that she snapped because she thought Winslow had been cheating on her when in fact he was likely taking a nap.