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.
Her attorneys say Alexander has agreed to conditions including an 8 p.m. to 7 a.m. curfew and a prohibition on all contact with her estranged husband, Rico Gray, Sr. She also doesn't oppose to being released to a halfway house or living under 24-hour house arrest with her ex-husband, Lincoln Alexander, and their children.
“While the State bears the burden to prove that 'no conditions' can 'reasonably protect,' it has made no showing whatsoever that the conditions Alexander has proposed are insufficient to keep Gray,” wrote Alexander’s attorneys in the filing.
Alexander received a new trial after an appeals court ruled the judge erred in providing jury instructions regarding self-defense during her initial trial.
In the documents, her defense team claims Alexander is not a threat to Gray anymore and provides a extensive list of exhibits showing that Gray is the one who is the danger. They say he threatened witnesses in the case. They also included text messages from the period after the 2010 shooting incident that they claim show Gray had no reason to fear Alexander.
“Don't want you to feel like you will get in trouble for talk n to me,” said one text purportedly from Gray. “And save this text for the record (if i can't have you, nobody can),” said another.
The prosecution called the texts “hearsay” documents and says the defense has not proven that Alexander is not a danger to Gray or his children. They also cited a battery incident involving Gray and Alexander months after the shooting, to which Alexander pleaded no contest.
“She presents nothing in the way of cause - good, fair or even marginal - to believe she has suddenly ceased to be a threat, that she would suddenly respect, rather than defy, court orders; that she would suddenly cease her attempts to intimidate, seduce or otherwise persuade Victim(s) to support her claims,” wrote the State Attorney’s Office.
The judge in the case has given no timetable on his decision. The next status hearing in the case is set for Jan. 15th.