Marissa Alexander Still Facing 60 Years in Prison; New Stand Your Ground Hearing Denied

In light of all that’s transpired since her original case, I don’t see how any rational jury will convict Alexander and sentence her to 60 years. In all the analysis and stuff related to this case, I have not heard one pundit, reporter, or anybody else question what effect this whole circus has on the children involved. If this involved zygotes, Florida would be up in arms about what effect it had on the unborn, but not a damn peep about the living, breathing kids involved.

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Unfortunately, there’s bad news for Marissa Alexander.

A Florida judge has denied Marissa Alexander a new self-defense hearing, finding that the recent addition of a “warning shot” provision to the state’s so-called Stand Your Ground law could not be applied retroactively, according to a report from Salon:

The law allows a person to fire without retreat if they have a “reasonable fear of imminent peril of death or great bodily harm to himself or herself.” Alexander, a survivor of domestic violence who says she fired a warning shot at a wall to fend off her abusive husband Rico Gray after he threatened to kill her, was denied immunity in her first hearing. She was later convicted of aggravated assault and sentenced to 20 years in prison, but the conviction was overturned on appeal.

As Irin Carmon at MSNBC points out, Alexander’s lawyers argued that evidence not previously introduced —…

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6 thoughts on “Marissa Alexander Still Facing 60 Years in Prison; New Stand Your Ground Hearing Denied

  1. Joey don’t get it. If ANYTHING should fall under the “Stand Your Ground” provisions, shouldn’t it be this? Wasn’t this sort of thing precisely what the law was envisioned and passed to support?
    Shooter in their own domicile (home, car, premises)? Check.
    Shooter in reasonable fear for their life? Check.
    Shooter unable to withdraw or escape? Check.
    Shooter’s got no hope of help arriving before something bad happens? Check.
    I’m a gun owner, and I have NEVER understood how George Zimmerman’s case came out like it did. But if Florida authorities are allowing such a widely-drawn set of circumstances as they allowed in Z’s case, then I am absolutely dumbfounded at how Ms. Alexander’s case doesn’t fall under the same protections. I don’t want to think that race is a factor here, but I can’t see how to escape that conclusion.
    Please, Brosephus, help a clueless white boy out. Explain to me what I’m not getting.

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    • From my perspective, you have a firm grasp on the situation. Under the circumstances that have been made public about this incident, it should have been a clear cut case of stand your ground as these lawmakers intend the law to work.

      In my view, there are one of two things that keep this from being a Stand your Ground case. It’s either race or sex. Some have argued that she could have escaped out of the garage when she went in, but the garage door was not working, so she had to go back through the house. The kids were in the house as well, so what battered woman would run and leave her kids with her abuser?

      Zimmerman’s attorneys didn’t raise a Stand your Ground defense, but if I remember correctly, the judge’s instructions to the jury included the language from that Florida statute. I’ve said that she would have been better off popping him right between the eyes, but that would have scarred the kids quite a bit. Like you, I don’t see how or why her case hasn’t been given that protection.

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  2. I’m not familiar with this case but I wouldn’t convict her, based on what I see here. In my opinion, all she did wrong was fire a “warning” shot. When your life is on the line, that’s a waste of time.

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    • I think firing the warning shot was her mistake, if you want to call it that. Even then, I don’t see how she was initially convicted. It seems as though her situation is what the self-defense laws were written for. The guy even admitted that he intended to harm her, although I think he tried to recant later on.

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      • As far as I’m concerned, if I’m threatened in my own home, you don’t *get* a warning shot. You might hear me or my wife racking a round into the chamber of our shotgun, but if not, too bad. Either way, that shotgun barrel’s aimed at your center of mass, not at the ceiling.

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        • Even though I have my girls in the house, you’re not going to hear anything loading. The first sound you hear will likely be your last. I value my life and that of my family too much to play games with someone who’s intruding into our personal space uninvited.

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