Florida seeks triple sentence in Marissa Alexander case

Yes. Seeing this particular case really pisses me off to the tee and there's something about the drinking water or oxygen in Florida that makes the whole place logically impaired.

 

I was thinking the same thing.

Her name should be on the top of the list.

 

The Palm Beach/Broward/Dade County region is the North Caribbean, not the Deep South. Lol. You can't wave your arms without bumping into a West Indian or a New Yorker, so you'll be right at home, fam.

If he doesn't, I say we boycott his presidential library. Lol

 

It's only double jeopardy if Alexander was found not guilty or guilty (say of a lesser charge for example), and they try her again. Her conviction here was overturned for faulty jury instructions. Even if they don't retry her now, they can always come back at any time (or in a given time, I think for non-murder) and retry her.

Also, were you aware of the new Bill your Legislatures are about to pass?..

(the FL H.O.R bill I linked above, was actually just updated 9 mins ago)

 

Good Shit! I was totally unaware of this bill. I wonder if this could possibly have a bearing on the case at hand.

 

I don't see why not, if her retrial comes after. It's set to pass. Because FL's SYG Law isn't going anywhere I don't think, at least this amendment allows for those that don't kill someone to do less time than those who do.


@'As the law is interpreted by some prosecutors now, someone who fires a shot in self-defense and misses is less protected by the law than someone who fires a shot in self-defense and hits his or her target, according to John Banzhaf, a professor of public interest law at George Washington University. That’s because “stand your ground” laws only explicitly protect the successful use of force, not the threat of force, in self-defense. A person who threatens to shoot someone in self-defense is also more at fault than a person who actually shoots and kills an attacker, thanks to the laws'.

 

Up Date

TALLAHASSEE (CBSMiami/NSF) - The trial judge overseeing the case of Marissa Alexander, who faces 60 years in prison for firing a shot in a domestic dispute, has ruled that she is not entitled to a second immunity hearing under Florida’s controversial “stand your ground” self-defense law.

Judge James H. Daniel on Friday denied the request by Alexander, now a 33-year-old mother of three, who fired the shot during a 2010 dispute with her husband in her Jacksonville home.

The ruling comes after an appeals court ordered a new trial for Alexander and the Florida Legislature passed a law whose sponsor said he was inspired by her case to propose the so-called “warning shot” bill, which extends immunity to people who show a gun or threaten to use force in self-defense.

Gov. Rick Scott signed the bill into law June 20.

But Daniel, whose original decision was reversed by the 1st District Court of Appeal in September, wrote that the appellate ruling addresses only his instructions to the jury, not the basic facts of the case — and that Alexander still does not merit a “stand your ground” hearing.

“In reversing the defendant’s judgment and sentence and ordering a new trial, the First District expressly held, ‘(w)e reject (the defendant’s) contention that the trial court erred in declining to grant her immunity from prosecution under Florida’s Stand Your Ground Law, but we remand for a new trial because the jury instructions on self-defense were erroneous,’ ” Daniel noted.

Daniel had instructed the jury that Alexander had to show “beyond a reasonable doubt” that she feared bodily harm at the hands of her husband, Rico Gray, in order to prove she acted in self-defense. Instead, the jury convicted her of aggravated assault with a deadly weapon, which carries a mandatory sentence of 20 years under Florida’s 10-20-Life law.

The appeals court ruled that Daniel’s instructions put too much of a burden on Alexander.

“The basic outlines of her claim and the victim’s claim have not changed at all,” Daniel wrote.

The Duval County judge also ruled that the new law cannot be applied retroactively.

Greg Newburn of Families Against Mandatory Minimums, who testified in favor of HB 89, said Alexander’s case was part of the reason for the bill’s success.

“It would be a shame if she was the last person to go to prison without the benefit of the safety valve that was passed, in part, because of her case,” he said.

State Attorney Angela Corey originally sought a 20-year sentence for Alexander, but is now seeking 60 years because two of Gray’s children were present when the shot was fired. The shot hit a wall, but Corey has said Alexander fired in anger, not in fear.

“The state stands ready to take this case to trial and seek justice for our two child victims and their father,” Corey’s office said Monday in a prepared statement.

Alexander has been out on bond since the appeals court’s ruling, and her second trial is scheduled for December.

This report is by Margie Menzel with The News Service of Florida.

http://miami.cbslocal.com/2014/07/2...your-ground-immunity-hearing-for-florida-mom/

 

Geeze. What a nightmare. I bet she regrets that day so bad. I really want to find/read a good investigative report on the evidence and facts of this case -because truth be told, we all could find ourselves on either side of this situation, barring God's Grace.

So I do wonder how her ex-husband feels now on the matter. (And her kids). Crazy Corey is going even harder now, and someone is pushing her. 60 years? C'mon, really?? :smt108

*wonder if the Gov can pardon her...hmmm*

 

How can any prosecutor in good faith believe this woman deserves 20 years in prison, let alone 60!!???

There's a legal blindness and IMO a mean-spiritedness behind Marissa Alexander's prosecution. I just don't understand it.

Even in your standard domestic violence case, if the ABUSER(not Ms. Alexander who apparently was the victim) fires a weapon in a dispute but it's clearly a warning shot and not meant to harm the other person, is the shooter going to be charged with attempted murder??

This case makes no sense to me at all.

And if her estranged had beat her to a pulp or God forbid killed her, the county would shrug their shoulders and say it was another tragedy from domestic violence.

 

It's Florida and she's black case closed. You don't need any other details other than that.
We all know for a fact had it been a ww this wouldn't even had made the news because she'd be home with her two kids. But she's black and an example has to be made to other blacks. Either just let yourself die or they'll put you behind bars for life.
The prosecutor is pure evil, even in a worst case scenario where she shot a single warning shot in anger 60 years behind bars helps no one. The community isn't any safer with her off the streets and her kids aren't better off.
Sometimes this shit does feel like some kind of conspiracy.

 

I agree. I've been to Florida but have never agreed with their laws. My sister kidnapped her kids (the dad had custody) and took them to Florida in the 80's. Florida refused to do anything to return the kids to their dad. Their law (at the time, not sure if it has changed) prevented the dad from even trying to get them back. Florida is very different.

 

Fuck that whole state they can have their weird bs

 

I agree 100%

 

I wish that prosecutor evil and hope he dies a slow, painful, death from some sort of cancer *drops mic* smgdmfh