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A Little Bit of Justice – Judge Overturns Marissa Alexander Conviction And 20 Year Sentence

 

Under the category “Special Laws for certain people”…

Marissa Alexander at sentencing

JUSTICE: COURT FINALLY OVERTURNS MARISSA ALEXANDER’S 20 YEAR SENTENCE

A Florida woman who claimed to be a victim of abuse was sentenced to 20 years behind bars for allegedly firing a warning shot during an argument with her husband was granted a new trial.

The appellate court ruling erased a decision by a jury that took just 12 minutes to convict Marissa Alexander, a mother of three, of aggravated assault.

The conviction of Alexander, who is black, sparked outrage and cries of a racial double standard in light of the exoneration of George Zimmerman, a white Hispanic, for the death of Trayvon Martin, who was black. In particular, outrage aired on social media and among some lawmakers on Capitol Hill.

Alexander unsuccessfully tried to invoke Florida’s “Stand Your Ground” law as the same prosecutors who unsuccessfully worked to put Zimmerman behind bars told the court that she did not act in self-defense.

In granting the new trial, Judge James Daniel also seemed unmoved by the Stand Your Ground defense.

“We reject her contention that the trial court erred in declining to grant her immunity from prosecution under Florida’s Stand Your Ground law, but we remand for a new trial because the jury instructions on self-defense were erroneous,” wrote Daniel.

Alexander testified that, on Aug. 1, 2010, her then-husband, Rico Gray Sr., questioned her fidelity and the paternity of her 1-week-old child.

She claimed that he broke through a bathroom door that she had locked and grabbed her by the neck. She said she tried to push past him but he shoved her into the door, sparking a struggle that felt like an “eternity.”

Afterwards, she claimed that she ran to the garage and tried to leave but was unable to open the garage door, so she retrieved a gun, which she legally owned.

Once inside, she claimed, her husband saw the gun and charged at her “in a rage” saying, “Bitch, I’ll kill you.” She said she raised the gun and fired a warning shot into the air because it was the “lesser of two evils.” The jury rejected the self-defense claim and Alexander was sentenced under the state’s 10-20-life law, sparking outrage over how self-defense laws are applied in the state.

A Florida appellate court ruled that jury instructions, which unfairly made Alexander prove “beyond a reasonable doubt” that she was acting in self-defense, were wrong — and that there were other incorrect instructions that self-defense only applied if the victim suffered an injury, which Gray had not.

The Lynching of Laura Nelson. The Old Jim Crow…Just Like the New Jim Crow

 
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Posted by on October 16, 2014 in The New Jim Crow

 

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Marissa Alexander Released on Bail

Marissa Alexander is the Florida woman who was sentenced to 20 years in prison…

For shooting some drywall.

In the same state where George Zimmerman got “not guilty” for murder – and doesn’t seem to be able to go to jail for shoving guns in the faces of his soon-to-be ex-wife and girlfriend.

At least she gets to spend this Thanksgiving, and possibly Christmas with her kids while awaiting retrial.

Woman Sentenced For Firing Alleged ‘Warning Shot’ At Her Husband Gets Released

The Jacksonville woman awaiting a new trial in a controversial “stand your ground” case is free on bond.

First Coast News (http://fcnews.tv/18q19sa) reports that Marissa Alexander was released from jail Wednesday. According to the Duval County Clerk of Court, she must remain under house arrest while awaiting trial.

In 2012, Alexander was sentenced to a mandatory 20-year prison sentence for firing what she insisted was a warning shot during a fight with her husband. She tried to invoke Florida’s “stand your ground” law, but the judge threw out her self-defense claim.

An appeals court ruled in September that the judge in the case gave improper jury instructions.

Alexander says she fired a bullet at a wall in 2010 to scare off her husband when she felt he was threatening her.

 

 
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Posted by on November 28, 2013 in The New Jim Crow

 

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SYG In Florida Only Applies to Some People

Different Laws for different folks in Florida…

Fresh on the tail of the release of George Zimmerman for the murder of Trayvon Martin comes this travesty. Where is the NRA? Where are the legions of conservative whites who only want to defend the law? This woman didn’t kill anyone – yet is sentenced to 20 years in jail?

You betcha…

Marissa Alexander, Woman Sentenced To 20 Years For Firing Warning Shot, Gets New Trial

A Florida woman serving 20 years in prison for firing a shot at her estranged husband during an argument will get a new trial, though she will not be able to invoke a “stand your ground” defense, an appeals court ruled Thursday.

The case of Marissa Alexander, a Jacksonville mother of three, has been used by critics of Florida’s “stand your ground” law and mandatory minimum sentences to argue that the state’s justice system is skewed against defendants who are black.

The 1st District Court of Appeal ruled that Alexander deserves a new trial because the trial judge handling her case did not properly instruct the jury regarding what is needed to prove self-defense.

The ruling, written by Judge Robert Benton, said the instructions constituted a “fundamental error” and required Alexander to prove self-defense “beyond a reasonable doubt.”

But the court also made it clear in its ruling that the judge was right to block Alexander from using the state’s “stand your ground” law as a way to defend her actions. That law generally removes people’s duty to retreat in the face of possible danger and allows them to use of deadly force if they believe their lives are in danger.

Faith Gay, one of the attorneys representing the 33-year-old Alexander, said she was grateful for the “thorough consideration” provided by the appeals court.

“We are looking forward to taking the case back to trial,” Gay said.

Alexander had never been arrested before she fired a bullet at a wall one day in 2010 to scare off her husband when she felt he was threatening her. Nobody was hurt, but the judge in the case said he was bound by state law to sentence her to 20 years in prison after she was convicted of aggravated assault with a deadly weapon. Alexander has maintained that the shot fired was a warning shot.

The sentencing sparked criticism from the local NAACP chapter and the district’s African-American congresswoman, who said blacks more often are incarcerated for long periods because of overzealous prosecutors and judges bound by mandatory minimum sentences.

State Attorney Angela Corey, who oversaw the prosecution of George Zimmerman in the shooting death of Trayvon Martin, has stood by the handling of Alexander’s case. Corey said she believes that Alexander aimed the gun at the man and his two sons, and that the bullet she fired could have ricocheted and hit any of them.

Jackelyn Barnard, a spokeswoman for Corey, said that the conviction was reversed on a legal technicality and that the office was gratified that the “stand your ground” ruling was upheld.

Benjamin Jealous, president and CEO of the NAACP, called the ruling a “welcome development in a case that represents the double standards in our justice system.”

“From the streets to the courthouse, race continues to influence the judicial process, and it certainly seemed to have played a role here,” Jealous said in a statement issued by the civil rights organization.

The state’s “10-20-life” law was implemented in 1999 and credited with helping to lower the violent crime rate. Anyone who shows a gun in the commission of certain felonies gets an automatic 10 years in prison. Fire the gun, and it’s an automatic 20 years. Shoot and wound someone, and it’s 25 years to life.

On Aug. 1, 2010, Alexander was working for a payroll software company. She was estranged from her husband, Rico Gray, and had a restraining order against him, even though they’d had a baby together just nine days earlier. Thinking he was gone, she went to their former home to retrieve the rest of her clothes, family members said.

An argument ensued, and Alexander said she feared for her life when she went out to her vehicle to get the gun she legally owned. She came back inside and ended up firing a shot into the wall, which ricocheted into the ceiling.

Gray testified that he saw Alexander point the gun at him and looked away before she fired the shot. He claimed that she was the aggressor, and that he had begged her to put away the weapon.

The judge threw out Alexander’s “stand your ground” self-defense claim, noting that she could have run out of the house to escape her husband but instead got the gun and went back inside. Alexander rejected a plea deal that would have resulted in a three-year prison sentence and chose to go to trial. A jury deliberated 12 minutes before convicting her.

Alexander was also charged with domestic battery four months after the shooting in another assault on Gray. She pleaded no contest and was sentenced to time served.

Supporters of Alexander have asked Gov. Rick Scott to pardon Alexander, but her case has not yet been taken by the state’s clemency board.

 
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Posted by on September 28, 2013 in The New Jim Crow

 

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