DUVAL COUNTY, Fla. — Marissa Alexander appeared in court Wednesday morning, and a judge granted a motion in part for testimony of alleged abusive history from her estranged husband.
Alexander claims to have fired a warning shot in the direction of her estranged husband, Rico Gray, and stepchildren in August of 2010. The state claims she was not shooting out of fear.
Alexander's defense said the judge granted the motion in part by allowing into evidence the testimony of three women, who testified at the hearing that they were attacked or assaulted by Gray.
"The court indicated there were some prerequisites to get this evidence in," said defense attorney Bruce Zimet. "So we're going to see exactly what the court order says and adjust to that."
Judge James Daniel said there are certain conditions that must be met by the defendant to present the information as evidence.
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"The defendant may present the testimony of only those witnesses that have personal knowledge of the domestic violence incidents," said Daniel. "That have alleged to have occurred."
The incidents where Gray has been arrested, prosecuted or incarcerated is not relevant and cannot be discussed, said Daniel.
Before the defense can present any collateral acts of domestic violence, it must first be presented that Alexander had reasonable belief that she was in great bodily harm or imminent death.
The next court session has been scheduled tentatively for Nov. 25 at 1 p.m. Alexander faces 60 years in prison if convicted of three counts of aggravated battery with a deadly weapon.
WJAX
