Marissa Alexander Denied New Hearing (warning shot case)

[orangeblossom]

This whole thing is ridiculous and makes me do angry.

A judge has ruled against providing Marissa Alexander, 33, with a new “Stand your ground” hearing, reports Salon.

Alexander was originally convicted and sentenced in 2012 to 20 years in prison for firing a warning shot during a confrontation with her abusive husband, Rico Gray. The conviction was overturned on appeal.

The “Stand your ground” law allows for a person to fire if there is “reasonable fear of imminent peril of death or great bodily harm to himself or herself.” Alexander was denied immunity under the law during her first trial.


Her defense team argued that her case warranted another hearing because there was new evidence—including expert testimony on battered woman syndrome and Gray’s history of domestic violence—to introduce. Circuit Judge James Daniel, however, found on Friday that “the basic outlines of her claim and [Gray’s] claim have not changed at all.” He also ruled that the recent addition of a “warning shot” provision to Florida’s “Stand your ground” law could not be applied retroactively.

Alexander’s case is now set to be retried. State Attorney Angela Corey is seeking a 60-year sentence this time around. Alexander, who is out of jail on bond, faces three counts of aggravated assault with a deadly weapon.

Read more at Salon.



www.theroot.com/articles/culture/2014/07/marissa_alexander_denied_new_hearing_still_faces_60_years_in_prison.html?wpisrc=newsletter_jcr:content&mc_cid=45cd9709fe&mc_eid=283adb7a09

[anonymous]

This seems like something the innocence project should take on

[cookiemdough]

She is seeking a 60 year sentence? Wth? Seriously?

[iammalcolmx]

Black women stay losing.

[ChillyMcFreeze]

This case makes me so ragey. Wrong color, wrong sex. No stand your ground for you!

[elleblue]

Jul 23, 2014 20:17:59 GMT -5 cookiemdough said:

She is seeking a 60 year sentence? Wth? Seriously?

I really intensely dislike the prosecutor. Calling her overzealous is a gross understatement.

[starlily]

That prosecutor is an embarrassment to the profession. It's called discretion. She needs to use it.

[Velar Fricative]

What the fuck is this shit? People get sentenced to far less than 60 years for killing people. What is the state of Florida's beef with this woman?

Don't answer that, I know the answer.

[starlily]

Jul 23, 2014 19:59:25 GMT -5 anonymous said:

This seems like something the innocence project should take on

What they also need to do is find a viable candidate to run against this joke of a state attorney. When is her term up?

[simplyinpenguin]

Jul 23, 2014 20:17:59 GMT -5 cookiemdough said:

She is seeking a 60 year sentence? Wth? Seriously?

If I was the defendant's lawyer, I'd totally call out the 8th amendment on that. That is waaaaay too excessive for someone who didn't injure or kill him. Hell, I'd like to see rapists get sentenced to 60 years in prison, yet, somehow, THAT is excessive.

[iammalcolmx]

Jul 23, 2014 20:52:58 GMT -5 simplyinpenguin said:

Jul 23, 2014 20:17:59 GMT -5 cookiemdough said:

She is seeking a 60 year sentence? Wth? Seriously?

If I was the defendant's lawyer, I'd totally call out the 8th amendment on that. That is waaaaay too excessive for someone who didn't injure or kill him. Hell, I'd like to see rapists get sentenced to 60 years in prison, yet, somehow, THAT is excessive.

But don't be caught selling Crack!!!

[cookiemdough]

The sad thing is that it makes the news and yet it can still happen.