USA - In a rare ruling, a judge today overrode a jury's recommendation that Albright Gregory Murphy should be put to death

In a rare ruling, a judge today overrode a jury's recommendation that a man should be put to death for raping and killing Erleen Albright, 39, on April 13, 1997. Albright Gregory Murphy, 45, was convicted of the 1st-degree premeditated killing in a March jury trial. The same jury later (see March 26) recommended by an 8-4 vote that Murphy should die. Circuit Judge J. David Walsh said: "On reflection and great consideration, the court has determined the ultimate penalty of death is not appropriate in this case," said the judge, adding he considered the aggravators and mitigators and put "great weight" on the jury's recommendation. "He shall serve the balance of his natural life in the custody of the Department of Corrections without any chance of parole." "I'm disappointed," Albright's husband, John Albright, 61, said. "But I'm happy he'll never get a chance to get out. He'll never get a chance to hurt anyone else. I'm OK with that." In early 2006, detectives resubmitted to a national database a small amount of DNA evidence left at the scene. The sample matched Murphy, police said. He later wrote a letter to a Daytona Beach police detective, police say, in which the slaying was described. "She kept swinging that steak knife and I snapped, grabbing her and began to choke her until she was dead," the letter states. At his trial, Murphy testified that "he'd made love to his wife." Prosecutors used that to show the killing was motivated by a sexual attack. Defense lawyer Phillips, however, argued the testimony by Murphy highlighted his mental illness.