renewsit blog has another "Guest Blog"
Guest blogger David Piercy is currently a paralegal student studying in California.
Clearing up the confusion: Marissa Alexander's Second Trial Monday, March 17, 2014
In July 2014 Florida will once again be center stage for a controversial high profile case involving questions of an individual’s right to self-defense and the law commonly known as Stand Your Ground. The accused is, Marissa Alexander, a 31-year-old African American woman from Jacksonville, Florida, who was found guilty in May 2012 for aggravated assault and sentenced to a state-mandatory 20 years in prison. Marissa Alexander had argued that she fired a warning shot at her husband, Rico Gray, because she feared for her life and had suffered years of abuse. Marissa had, in fact, filed an injunction against him in 2009, and Marissa was arrested in 2010 for domestic violence against Rico Gray. Marissa went on to marry Gray and they had a child together days before the warning shot incident. Rico Gray's 1994 record for domestic violence here.
In September 2013 the 1st District Court of Appeals ruled that instructions given to the jury improperly shifted the burden of proving self-defense to the defendant. The court granted Ms. Alexander a new trial and in November Marissa was released from prison and placed on strict house arrest pending trial.
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Lastly I believe the court will reject the motion for Self Defense Immunity due to the fact that under existing Florida law a “warning shot” is not a legally recognized method of self-defense. Although the Florida legislature is currently working on expanding their Self Defense Immunity law to include “warning shots”, Alexander is bound by what the law was at the time of the incident. I fully expect to see a full jury trial in July, although a denial of attorney Zimet’s immunity motion is an appealable decision and an avenue he may pursue which could potentially effect the trial date.
Alexander faces a mandatory 60 year prison sentence if convicted a second time, 20 years for each victim which must be served consecutively. Alexander was offered a plea deal (first trial),by Angela Corey but did not accept.
On an interesting side note: On March 9th 2014 the family of Marissa Alexander joined the families of Trayvon Martin and Jordan Davis at a rally in Tallahassee, Florida calling for a full repeal of the law which Marissa now seeks protection under.
...more at linkhttp://www.re-newsit.com/2014/03/cleari ... rissa.html