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New trial for Marissa Alexander

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Updated: 9/27/2013 12:38 pm
TALLAHASSEE, Fla. -- A Florida appeals court is ordering a new trial for Marissa Alexander, the local mother now serving a mandatory 20 year prison sentence for a dispute with her husband.

The 1st District Court of Appeal ruled that a judge did not properly instruct the jury handling the case.

Alexander's case earned national attention because she tried to use the Stand Your Ground law as a defense.

She claimed her husband was abusive and threatened her during a dispute in 2010.  She claimed she fired a gun in a wall near her husband and her two stepchildren as a warning.

The State Attorney's Office said Alexander's defense under Stand Your Ground was denied because a judge found she fired the shot in anger and not in fear.

Alexander was also offered a plea deal for three years in prison, which she refused.

A jury ultimately convicted Alexander on three counts of aggravated assault with a deadly weapon.  She received the maximum sentence of 20 years.

The appeals court did also state that the judge was right to block Alexander from using the state's "Stand Your Ground" law as a way to defend her actions.
          
Her case in Jacksonville has drawn attention and criticism aimed at mandatory-minimum sentencing laws.

Alexander's Attorney Bruce Zimet said a news conference will be held soon in Ft. Lauderdale or New York.  His team is in the process of alerting Alexander of the overturn.


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The views expressed here do not necessarily represent those of Action News Jacksonville

nativejax - 9/27/2013 4:40 PM
0 Votes
I don't believe she should get off 'scott free'. She just did NOTHING to deserve 20 YEARS. If she killed the sob, she probably would only gotten 8 years. She should get time served. Not allowed to have or own a gun for 10 years, and she should seek counseling to see why she lets this pos man push her buttons and 're-act' the way she does. And if this sob was so abusive towards her, she should have NEVER let things get this bad, much less let him have custody of the kids. I would not have been so stupid.

babyboi90 - 9/26/2013 7:57 PM
1 Vote
This message goes out to joewW07. What on earth gave you the theory that she was offered three years because you were black. I want to know what back crack you were smoking before you processed that thought. We as African Americans have had it very difficult in the court of law. I feel that if people keep race out of situation we would be a better country. Stop pulling the race card. And you need to get a life.

jvillenative - 9/26/2013 6:39 PM
0 Votes
She was offered 3 years but her attorney, who wanted to play Johnny Cochran with her life, advised her to turn down the 3 years. I too hope she gets time served, but she should have taken the 3.

jvillenative - 9/26/2013 6:32 PM
1 Vote
She was offered 3 years but her attorney, who wanted to play Johnny Cochran with her life, advised her to turn down the 3 years. I too hope she gets time served, but she should have taken the 3.

joewW07 - 9/26/2013 3:47 PM
3 Votes
Let's face the facts..The only reason she is getting a new trial she b/c she black..If she wasn't she still be in jail..

speak my mind - 9/26/2013 12:39 PM
1 Vote
I agree, people that have money for court get off..if your broke your goin to JAIL!

speak my mind - 9/26/2013 12:38 PM
3 Votes
how are u gonna "hope" somebody gets life...smh nobody died and no body got hurt so why would ANYONE wish a life sentence on a mother? your pathetic!!

57 chevy - 9/26/2013 12:38 PM
1 Vote
money talks she gets new trial. our son who is not guilty gets no new trial because he had to depend on the useless PUBLIC DEFENDERS DEPARTMENT of SHAME.

Old Dog - 9/26/2013 11:44 AM
3 Votes
Good News! I just hope she gets a fair sentence and not the railroading she received from Angela Corey and Judge Daniel. Yes she did commit a crime under Florida law and I am happy none of the children in the house at the time she fired the weapon were injured but her crime was not serious enough to receive a 20 year sentence. Every day we see our courts give violent armed robbers and dangerous drug dealers less time than that, which is why there is so much crime and murders on our streets. I say she should be sentenced to time served and she should never be allowed to own another firearm that would be a fair deal for everyone involved.

mrzzz1983 - 9/26/2013 11:40 AM
2 Votes
I like how they left out the 'negative' information, like how she left, went to her car, got her gun, came back inside and fired at him (warning shots are not fired at inches away from whoever you are firing at), missing the children on the other side of the wall. Oh, and the garage door worked fine. Stand Your Ground does not apply, however florida's 10-20-life sure does. Hope she gets life this time around.
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