GUILTY FL - Marissa Alexander for firing warning shots at husband, Jacksonville, 2010

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  • #21
mysteriew said:
The way you write it, it seems simple. But real life often isn't. Were her kids there? Where were they in relation to him? Could the kids leave? If the kids couldn't leave, neither could she IMO.
Click to expand...

Per St's motion against her SYG claim, see link http://www.scribd.com/doc/89763383/S...n-for-Immunity
, it appears ...her kids were not there in that house at the time,
so, imo, not a basis for a SYG claim (or Stand Your Children's Ground?).

Per St's motion, clearly, her husband's kids were there in the house at same time as def. & husband.

So in firing the gun, she was endangering her husband & his kids, as a bullet went through a wall.

Mysteriew, reading the St's 4 page motion
is enlightening, esp. quotes from Defendant's own testimony.
Again, http://www.scribd.com/doc/89763383/S...n-for-Immunity
 
  • #22
Seems these articles are very conveniently leaving out some rather important facts.

Her husband and also filed a restraining order against her. She didn't call 911 her SON DID after he ran out of the house and down the street. Even more importantly they had to call the S.W.A.T Team out and surround this woman's house for 30 minutes or so because she would NOT COME OUT!!!

Sorry but that is whacky, she should have taken the 3 years and been out in a year.

I don't see how this can be compared to the Zimmerman case in any way.

http://thegrio.com/2012/04/24/marissa-alexander-angela-coreys-other-stand-your-ground-case/
 
  • #23
This is a case of domestic abuse. Warning-Gross generalization ahead: if this were the other way around, and it was a male with a documented pattern of abuse who fired a gun at his ex-girlfriend and her two kids, we (okay I) would be calling for his head on a platter. And we (okay I) would be right to do so.

Say it with me: Women can be and are domestic abusers
 
  • #24
is there a trial transcript available online for the original trial?

thanx in advance to anyone that can help me answer that!
 
  • #25
20 years seems very excessive since no one was hurt. But she was offered a plea deal and she didn't take it.
 
  • #26
She will receive a new trial:

http://tv.msnbc.com/2013/09/26/marissa-alexander-will-get-a-new-trial/


In her husband's own words during deposition:
"She knew the relationships I been in and I put my hand on her before," he said. "I honestly think she just didn’t want me to put my hands on her anymore, so she did what she feel like she have to do to make sure she wouldn’t get hurt, you know."
BBM

If anything, this time around she may get a jury who spends more than twelve minutes before deciding their verdict.
 
  • #27
HawksGirl said:
She will receive a new trial:

http://tv.msnbc.com/2013/09/26/marissa-alexander-will-get-a-new-trial/


In her husband's own words during deposition:
"She knew the relationships I been in and I put my hand on her before," he said. "I honestly think she just didn’t want me to put my hands on her anymore, so she did what she feel like she have to do to make sure she wouldn’t get hurt, you know."
BBM

If anything, this time around she may get a jury who spends more than twelve minutes before deciding their verdict.
Click to expand...

If the above tv.msnbc.comlink quotes or links to husband's words, I missed it. Could someone pls give ref to link to video or transcript of husband's deposition?

Did husband's depo come in at trial?
Did husband testify at trial?


Thx in adv. :seeya:
 
  • #28
Thank god she is getting a new trial. That was an appalling outcome.
 
  • #29
  • #30
http://www.scribd.com/doc/89763383/States-Motion-in-Opposition-of-Defendants-Motion-for-Immunity
^^^In the St of FL's motion ^^^ para 1, page 2,
opposing Stand Your Ground immunity the defendant sought.

After def. posted bail, she
" ... was ordered by the court and signed a document ... stating she was to have no contact with the Victims....
However the Defendant chose to disregard the Court's orders and continued to have contact with the Victims in this case, more specifically with [name redacted]." BBM

The St's motion continues, after her release and before husband's depo
"...Defendant and [name redacted] discussed what he should say at deposition to prevent the Defendant from being prosecuted.
[Name redacted] gave deposition testimony that was untrue in an effort to protect the Defendant." BBM

So, this leaves me wondering what Defendant's husband tesitified to at trial (assuming he did).
 
  • #31
HawksGirl,
Thanks to the link to Def's husband's depo, which shows, at p. 37, Def's atty asked him this question:
"Do you think she was doing more than just defending herself?" BBM

At the depo, the state objected to the form of the question.
I wonder whether def's atty asked the same Q. of him at trial?

Seems like the issue of whether Def. was doing more than just defending herself is a question of fact for the jury.

Def's husband's response "I honestly think she just didn’t want me to put my hands on her anymore, so she did what she feel like she have to do to make sure she wouldn’t get hurt, you know." BBM

Def's husband's response above is (imo) just his speculation about her perception of danger.

Seems like Def. could testify about the danger she perceived he posed to her, which would then go the the question of whether she used an approp. level of force for self defense.

JM:twocents:, and as always, I may be wrong.
 
  • #32
Marissa Alexander Is Given No Bail Today – New Evidence Comes To Court

14 November 2013

by Leslie Salzillo

Marissa Alexander, the Florida woman who was sentenced to 20 years for firing a warning shot to ward off her abusive husband, was granted no bail Wednesday afternoon in a Jacksonville courtroom. The mother of three will most likely not get to spend Thanksgiving or Christmas with her children, as the ‘deciding judge’ opted to make no decision and set another hearing for January 15, 2012 – pending of course, that he does, or does not, change his mind.

In 2010, just days after giving birth, Marissa Alexander fired a warning shot in self-defense to keep her abusive husband, Rico Gray, from attacking her. In his deposition, Gray who has a history of abusing Alexander, admitted it, stated he intended to hurt her had she not fired the warning shot, and said she did the right thing. He also said Alexander did not aim he gun at him. Gray then changed his story once the case went to trial. He walked out a free man – Marissa Alexander, the battered wife, received 20 years. The Florida Stand Your Ground Law did not work for Alexander because she fired a warning shot. Had she shot and killed Rico Gray that day, she would have most likely served no time at all.

A source who was in the courtroom today, reported new evidence has been brought forth – a text message of Rico Gray asking Marissa to come over for sex while there was an order of protection. Rico Gray claims Marissa should not be let out on bond because he is afraid of Marissa; he fears/feared for his life. Does asking her for sex sound like someone who feared for his life?

Read more: http://www.sanfranciscosentinel.com/?p=171685
 
  • #33
Marissa Alexander proposes conditions for release on bail

JACKSONVILLE, Fla. -- A local mother who wants to get out of jail is offering possible conditions for her release.
Marissa Alexander is awaiting a judge's decision on bail. Her defense team filed a new reply in support of her motion for pretrial release.

full article at link ............. http://www.actionnewsjax.com/mostpo...tions-for-release/1yhtwHyufU2LKo0d0lZskw.cspx
 
  • #34
It is about time... I hope justice prevails for her this next time.

Home For The Holidays: Marissa Alexander Released On Bail

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

....Alexander’s trial is scheduled to begin March 31, 2014.
Click to expand...
 
  • #35
they got the verdict right its just the mandatory minimum sentencing that is crazy.

hopefully they will reach a plea deal because although she is guilty she certainly doesnt deserve 20 years in jail.
 
  • #36
IMO I think the prosecutors know this is an unfair minimum sentencing law. For a plea deal to be 3 years while the minimum sentencing is 20 years. Is the discrepancy between plea and minimum usually so many years. Could the prosecution be offering these plea deals because they know all cases are not cut and dried. There is a big difference between what she did and a case where young hoods carry guns around with no qualms about firing them at strangers or to get into a gang. Reports have it that she had a permit to carry a concealed weapon. Another mitigating circumstance could be she had hormone imbalance from post natal stress disorder. She was only days past giving birth. And her husband was a wife beater as stated by women from his previous relationships. Wondering where the baby is.
 
  • #37
  • #38
  • #39
liljim said:
this is getting some press regarding whether or not it was ethical to release;

http://www.news4jax.com/blob/view/-/25044144/data/2/-/sb8w7q/-/marissa-alexander-doc-pdf.pdf
Click to expand...

Pdf doc directs questions to JBarnard @ coj . net.
liljim, I tried to figure out who created that doc.
Maybe media relations contact at Angela Corey's office?
Or someone purporting to be?

Any further info re this, when it was issued, etc?

From all the ct records I was able to find online back in the fall,
the pdf's statements seem to be accurate.
JM2cts and I may be wrong.


------------------------------------------------------------------
my searches =
coj . net states it is official website for city of Jacksonville.

Searching "Barnard" on coj . net we find links (broken?) to articles dtd 2009 by "First Coast News Investigative Reporter Jackelyn Barnard."

Then googling her name, Mar 2012 article re Barnard joining SAO office.
http://members.jacksonville.com/com...-become-state-attorneys-office-communications

Now http://www.sao4th.com/public-records-requests-and-media/ lists
" Jackelyn Barnard, Director of Communications" as media contact. BBM
 
  • #40
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