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Thread: Florida woman jailed for firing warning shot wins new trial

  1. #1
    Senior Member TupeloHoney's Avatar
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    Florida woman jailed for firing warning shot wins new trial

    I know I've seen this woman's case discussed here (like on the Trayvon thread), but I couldn't find a thread for it.


    http://articles.orlandosentinel.com/...orge-zimmerman


    (Sept. 26, 2013) TALLAHASSEE (Reuters) ? A woman sentenced to 20 years in prison after firing a "warning shot" during an argument with her abusive husband won a new trial on Thursday in a case under Florida's controversial self-defense law.

    A state appeals court ruled that Marissa Alexander, 32, deserved a new trial because the judge failed to properly instruct the jury regarding her claim of self-defense.

    No one was injured in the shooting but because Alexander fired a gun in the incident, Florida's mandatory-minimum sentencing guidelines required the judge to sentence her to 20 years in prison.

    The case of Alexander, who is black, drew criticism from civil rights groups concerned about self-defense laws and mandatory minimum sentencing rules.

    Alexander's fate received little attention until her May 2012 conviction in the wake of the case of volunteer watchman George Zimmerman who said he shot a teenager in self defense. The Zimmerman case led to nationwide protests and re-ignited a debate about U.S. gun laws.

    Zimmerman, who is white, said he killed an unarmed black teenager, Trayvon Martin, in self defense in February 2012. He was acquitted of murder charges in July at his trial in the central Florida town of Sanford.

    Under the so-called "Stand Your Ground" law, people fearing for their lives can use deadly force without having to retreat from a confrontation, even when it is possible.

    The 1st District Court of Appeal in Tallahassee said in Thursday's ruling that the trial judge made a "fundamental error" when he instructed the jury that Alexander was required to prove self-defense beyond a reasonable doubt.

    "The defendant's burden is only to raise a reasonable doubt concerning self defense," Appeals Court judge Robert Benton wrote for the court.

    Local leaders from the National Association for the Advancement of Colored People, the Southern Christian Leadership Conference and the National Action Network have called for Florida Governor Rick Scott to pardon Alexander.

    The groups have asked the governor to create a task force to investigate mandatory sentencing laws, which they say disproportionately affect black Americans. They also want an existing task force looking into Florida's "Stand Your Ground" law to examine how that statute has affected domestic violence victims.

    Alexander was found guilty of aggravated assault with a deadly weapon because her husband's two children were in the house during the argument in August 2010.

    A slightly built woman who stands 5 feet 2 inches , Alexander said her 245-pound husband Rico Gray, was moving toward her threateningly when she fired into a kitchen wall. He had previously been convicted on a domestic violence charge for attacking her.

    Gray's two children were at home, in the living room. Prosecutors said the shot endangered Gray and the children.

    Alexander filed a "Stand Your Ground" claim, but a judge ruled against her because Alexander chose to go back into the house with her gun.

    A jury took just 12 minutes to find her guilty of three counts of aggravated assault with a deadly weapon.

    At the time, Alexander had an active restraining order against her husband and she carried a concealed weapons permit.
    Quote Originally Posted by Not your business View Post
    I will out think the fucking pants off of you and you would thank me for helping you out of them.

  2. #2
    Senior Member Bellaboo's Avatar
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    That is good news. Rapists don't get 20 years .... her sentence was extremely excessive and unjust.

    "Before you embark on a journey of revenge, dig two graves" .. Confucius
    "The mass of men lead lives of quiet desperation " ...... Henry David Thoreau

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    Certified Grumple Bottoms Ron_NYC's Avatar
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    Quote Originally Posted by Bellaboo View Post
    That is good news. Rapists don't get 20 years .... her sentence was extremely excessive and unjust.
    Words can't even convey how ridiculous it is.
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    Ron was the best part, hands down.

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    Senior Member M Joy's Avatar
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    Glad she got a new trial. This had me fuming, especially after GZ was acquitted!

  5. #5
    Senior Member animosity's Avatar
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    so the woman had all the proper documentation - a CCW permit and a restraining order, but still got 20 years for shooting a wall? i had heard about this before but never knew about that bit.
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    NOT SAME CAT Fleta's Avatar
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    Okay, that is fucking astounding. I have no further thoughts.

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    Certified Grumple Bottoms Ron_NYC's Avatar
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    Quote Originally Posted by Fleta View Post
    Okay, that is fucking astounding. I have no further thoughts.
    I know, right? I mean shooting a colored kid ain't illegal in Florida.
    Quote Originally Posted by bowieluva View Post
    Ron was the best part, hands down.

  8. #8
    NOT SAME CAT Fleta's Avatar
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    She should have just taken the beating like a man again.

  9. #9
    Senior Member TupeloHoney's Avatar
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    http://www.firstcoastnews.com/news/b...ased-from-jail

    Marissa Alexander released from jail for Thanksgiving

    (Nov. 28, 2013) JACKSONVILLE, Fla. -- Just in time for Thanksgiving, Marissa Alexander has been released from jail on bond.

    Around 10:30 p.m. Wednesday night, Alexander was granted a pretrial release with special conditions, according to the Duval County Clerk of Court.

    Alexander's bond was set at a total of $200,009 for three separate charges.

    In a statement released Thanksgiving morning, the Free Marissa Now Mobilization Campaign stated:

    "Words cannot express the relief and joy of everyone in the Free Marissa Now Mobilization Campaign that Marissa Alexander is home with her family this Thanksgiving Day."

    "We are thrilled that Ms. Alexander will be able to prepare for her new trial amid the support and love of her children and family from whom she has been separated far too long."

    In 2012, Alexander was sentenced to 20-years in prison for firing what she contends was a warning shot to scare off her her abusive husband during an altercation.

    Alexander sought to invoke Florida's Stand Your Ground law during her original trial, testifying that her husband was emotionally and physically abusing her during the altercation which led her to fire her gun. Stand Your Ground was denied, as the judge ruled that she fired in anger and was upheld by the 1st District Court of Appeals.

    She was offered a deal to serve only three years in exchange for a guilty plea, which she and her lawyers rejected. Under Florida's "10-20-Life" law, any crime committed with a gun includes mandatory minimum sentences, so when a jury found Alexander guilty of three counts of aggravated assault, she faced a minimum 20 year sentence.

    The State Attorney's Office made all statements regarding its position on bond in its written response dated November 13, 2013, which can be read in two parts here:

    Part I http://www.scribd.com/doc/184017854/...otion-for-bond

    Part II http://www.scribd.com/doc/184017862/...otion-for-bond
    Quote Originally Posted by Not your business View Post
    I will out think the fucking pants off of you and you would thank me for helping you out of them.

  10. #10
    Certified Grumple Bottoms Ron_NYC's Avatar
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    This story made all the 'well that's the law' Zimmerman supporters seem so fucking transparent. They fully supported this horseshit, and cheered when Zimmerman walked. Yea, only because of the laws. Riiiight.
    Quote Originally Posted by bowieluva View Post
    Ron was the best part, hands down.

  11. #11
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    Marissa Alexander Could Be Thrown Back In Prison For Running Errands



    The Florida mom who lost a controversial "Stand Your Ground" case after firing what she called a warning shot at her abusive husband might be thrown in prison again if a judge rules she violated the strict terms of her release.

    Prosecutors claim that Marissa Alexander violated the terms of her November in-home detention by shopping for clothes, driving family members to the airport, going to the bank and running other errands, the Florida Times-Union reported.

    Alexander, 33, who is preparing for her March retrial, claims through her lawyers that the Jacksonville Sheriff's Office signed off on every trip, according to CNN.

    Her first trial in 2012 drew national attention. A judge denied her argument that the single shot she fired near her estranged husband and stepchildren was legal under the state's controversial Stand Your Ground law. Instead, she was convicted of aggravated assault with a firearm.

    No one was wounded in the shooting and the mother of three had a clean record. Mandatory sentencing rules, however, stipulated that she receive a 20-year sentence -- a penalty that many decried as excessive.

    An appeals court ordered in September that she deserved a new trial, because the jury received improper instructions from the judge about proving self-defense.

    Paying a $150,000 bond in November, Alexander was released and given home detention, according to station WAWS.

    A judge will rule Friday on the prosecution's motion to put Alexander behind bars again.

    “She continues to demonstrate her utter disregard for conforming her behavior to the rules ... [others] must abide by," state prosecutors wrote in a motion filed Tuesday.

    Her lawyers argued that the prosecution wants Alexander locked up again, even though the state's attorneys were aware she obtained permission to run household errands, MSNBC said.

    http://www.huffingtonpost.com/2014/0...m_hp_ref=crime



    Who did this woman piss off so badly that even when she does everything by the book they still want to lock her up so badly? While Zimmerman has John Gotti down in hell pissed over losing his "Teflon" title

  12. #12
    What do you care? Boston Babe 73's Avatar
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    “She continues to demonstrate her utter disregard for conforming her behavior to the rules ... [others] must abide by," state prosecutors wrote in a motion filed Tuesday.

    Unless you're GZ.

    It does seem like they've got something personal against her or something. Ooooooh. The airport? She went grocery shopping?! How DARE she!

    It says she obtained permission to do these things. And the bigger question, state's attorneys wasting tax payer money trying to lock her up before trial why?
    Quote Originally Posted by Nic B View Post
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  13. #13
    Senior Member animosity's Avatar
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    this case is utterly infuriating. if she gets locked up again, i'll quit the human race and turn into a cat.
    Quote Originally Posted by songbirdsong View Post
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  14. #14
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    Marissa Alexander Will Not Return To Jail After Alleged Bail Violation

    JACKSONVILLE, Fla., Jan 10 (Reuters) - A Florida woman released on bond after a public outcry over the 20-year prison sentence she got for firing a "warning shot" during an argument with her abusive husband, will not be sent back to jail, despite having violated bail.

    A judge on Friday rejected a motion by prosecutors seeking to revoke bail for Marissa Alexander, 33, and return her to jail as she awaits retrial for aggravated assault with a deadly weapon.

    Duval Circuit Court Judge James Daniel ruled Friday that corrections officials made a mistake in permitting Alexander to leave her home while out on bond.

    Daniel found that Alexander violated the court order on Nov 27 that granted her release from prison, but was not at fault as she depended on the interpretation of his orders by her home detention supervisor.

    "It was a mistake," said Daniel.

    A state appeals court ruled in September that Alexander was entitled to a new trial because the judge failed to properly instruct the Jacksonville jury about her self-defense argument.

    Alexander's case is scheduled for retrial on March 31.

    Alexander was released on $200,000 bond after nearly 3 years in jail, with the proviso that she was under house arrest and could leave only for court appearances, medical emergencies and pretrial appointments.

    State Attorney Angela Corey filed a motion on Monday to return Alexander to prison, saying she had defied the court's authority, running errands to go shopping for clothes, buy new eyeglasses, take her car for repair estimates, pick up her children from school and drive family members at the airport.

    Alexander's attorneys responded that each of those times she had received permission from her Correction Service Counselor, April Wilson.

    In the future, Daniel said Alexander's attorneys will need to come before him to request any deviations of his court order restricting Alexander's home detention.

    The Alexander case ignited widespread controversy and protests from civil rights groups last year when her supporters compared it to the self-defense case of George Zimmerman, who was acquitted of killing black teenager Trayvon Martin.

    Although no one was injured in Alexander's case, the court gave her a 20-year prison term under the state's mandatory minimum sentencing guidelines, because she had fired a gun during the alleged assault.

    Under Florida's so-called "Stand Your Ground" law, people who use deadly force to defend themselves from serious injury - rather than retreating to avoid confrontation - can be immune from prosecution. But Alexander's "Stand Your Ground" claim was rejected because during the confrontation with her husband she left the house to go to her car and retrieve a gun she later fired near his head.

    The 5-feet-2 (1.57 meter) slightly built Alexander said her 245-pound (111 kg) husband, Rico Gray, was about to attack her when she fired once into a kitchen wall during the August 2010 incident.

    Gray had been convicted of domestic violence, and, at the time of the shooting, Alexander had a concealed weapons permit as well as an active restraining order against her husband. (Editing by David Adams and Gunna Dickson)

    http://www.huffingtonpost.com/2014/0...m_hp_ref=crime


    Thank heavens the judge has some damn sense but you know those people knew where she was allowed and not allowed to go. They are trying to trip this woman up! Again, why are they so deadset on locking her away for so long ?

  15. #15
    What do you care? Boston Babe 73's Avatar
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    They harassed this poor woman so badly. This case still infuriates me. What they put her through.
    Quote Originally Posted by Nic B View Post
    That is too pretty to be shoved up an ass.
    Quote Originally Posted by Nic B View Post
    You can take those Fleets and shove them up your ass



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