Hong Kong's American 'milkshake murderer' to get retrial

Miranda Leitsinger CNN 02/12/2010 03:55

Nancy Kissel will stand retrial in the death of her husband.

An American woman called the "milkshake murderer" after she was found guilty of killing her husband in a case that rocked Hong Kong's expatriate community had her conviction thrown out Thursday by Hong Kong's highest appeals court.

The Court of Final Appeal said in its judgment there were "numerous elements of grave concern" when reviewing the case to decide if Nancy Kissel had received a "fair trial."

"The Court unanimously allows the appeal, quashes the conviction and orders a retrial," the judgment said. "The Court further orders that the appellant be remanded in custody pending retrial."

"It is plainly in the interests of justice that there should be a retrial," the judgment said.

Kissel was found guilty in 2005 of the November 2, 2003, killing of her husband Robert Kissel in the southern Chinese city. She was sentenced to life in prison.

The prosecution alleged that Robert was tricked by his wife into drinking what appeared to be a milkshake, but was in fact a cocktail of drugs. They said she later attacked him with a "heavy metal ornament" -- striking him in the head -- as he slept, the judgment said.

The body of Robert Kissel was found in the couple's storeroom four days after his death. His body was discovered "in a sleeping bag with towels inside a rolled-up carpet over which was placed plastic sheeting secured by rope and masking tape, with four cushions placed on top and held together by adhesive tape," according to the judgment.

Nancy Kissel admitted killing her husband, but pleaded not guilty by way of self-defense and provocation. Her lawyers said she killed her husband after a violent argument in their home.