by Charles Mombo
Marissa Alexander is expected to get a new trial. On September 26, 2013 Alexander filed a motion for rehearing and disposition with the State of Florida regarding her 20-year jail sentence. Judge James H. Daniel, the appeals court judge, ruled that the lower court judge improperly put a burden on Alexander to prove that the firing was in self-defense.
“The defendant’s burden is only to raise a reasonable doubt concerning self-defense, the defendant does not have the burden to prove the victim guilty of the aggression defended against beyond a reasonable doubt,” Daniel wrote in ordering a retrial. A separate proceeding would determine whether Alexander could be released on bail pending her retrial trial.
Alexander is serving “mandatory twenty year sentence,” for shooting a warning shot into the air after her abusive husband, Rico Gray, threatened to kill her. Nobody was hurt in that case. Alexander unsuccessfully tried to use Florida's controversial "Stand Your Ground" as her defense, but a jury convicted her of aggravated assault after ONLY 12 minutes of deliberation.
ChocolateCity.cc has always felt that Marissa’s sentencing was a miscarriage of justice and that her 20-year prison sentence should not have happened in the first place.
Please click on and see the following articles:
- Marissa Alexander case: Should Florida’s ‘Stand Your Ground’ Apply?
- Florida’s Congresswoman Corrine Brown: 20 years for Marissa Alexander is not justice.
- Florida Congresswoman Corrine Brown: The Facts in the Marissa Alexander Case
- Marissa Alexander’s 20-years mandatory prison sentence, where’s the damn community outrage?
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