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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsGreat News: Marissa Alexander, Woman Sentenced To 20 Years For Firing Warning Shot, Gets New Trial
Her lawyer is coming up on Rev Al.
http://www.huffingtonpost.com/2013/09/26/marissa-alexander-new-trial_n_3995869.html
<snip>
A Florida woman serving 20 years in prison for firing a shot at her estranged husband during an argument will get a new trial, though she will not be able to invoke a "stand your ground" defense, an appeals court ruled Thursday.
The case of Marissa Alexander, a Jacksonville mother of three, has been used by critics of Florida's "stand your ground" law and mandatory minimum sentences to argue that the state's justice system is skewed against defendants who are black.
The 1st District Court of Appeal ruled that Alexander deserves a new trial because the trial judge handling her case did not properly instruct the jury regarding what is needed to prove self-defense.
The ruling, written by Judge Robert Benton, said the instructions constituted a "fundamental error" and required Alexander to prove self-defense "beyond a reasonable doubt."
WinkyDink
(51,311 posts)malaise
(269,254 posts)Zimmerman's wife now has second thoughts about his actions against Trayvon
malaise
(269,254 posts)<snip>
George Zimmerman's wife: 'I have doubts' about his innocence
George Zimmerman's wife is raising questions about his innocence in the 2012 shooting of Trayvon Martin, as the couple's marriage continues to publicly go sour.
I think anyone would doubt that innocence, because I dont know the person that Ive been married to," Shellie Zimmerman told NBC's "Today" show on Thursday as her lawyer sat beside her. I have doubts," she said, yet added, "I also believe the evidence" that led to his acquittal.
The recent argument at the house, however, led Shellie Zimmerman to reevaluate the man she married, she told Lauer. "I saw a look in his eyes that Ive never seen before that day," she said
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He'll self destruct or be killed trying to escape after killing someone else - take that to
WinkyDink
(51,311 posts)Lurks Often
(5,455 posts)quite a bit more going on than and it is not nearly as clear cut a case as most people believe. While she is entitled to a new trial on procedural grounds (and I'm ok with her getting a new trial period) this a more complicated case then many posts will indicate.
I encourage everyone to research this case themselves and draw their own conclusions and not rely on crappy reporting or other people's posts.
Hoyt
(54,770 posts)RiffRandell
(5,909 posts)lumberjack_jeff
(33,224 posts)The trouble began when Alexander gave Gray her cell phone so that he could see pictures of their new daughter. On the phone he spotted text messages from Alexander to her ex-husband, arousing Grays suspicions about the true father of the baby. A verbal argument ensued, according to court documents, and Alexander went into the garage.
Here is where things get messy. According to Alexander, she went to the garage to flee Gray, who was threatening her. So why did she go back into the house? Alexander has been less than consistent on this point. She has claimed that the garage door would not open, forcing her back inside, and also that she had forgotten her keys in the house. In either case, she grabbed her handgun from the glove compartment (the gun was legal, and Alexander had a concealed-carry permit) and went back inside.
And here things get messier. Alexander says that Gray threatened to kill her, so she fired a warning shot. But according to the court order denying Alexanders motion to dismiss, she had pointed the gun in the direction of all three victims Gray and his two young sons and fired a shot nearly missing [Grays] head.
Grays account aligns with this and adds a bit of color. Gray says that just before heading into the garage, Alexander told him, I got something for your ass. When she came back in with the gun, he put his hands in the air. After the shot, he fled out the front door with his sons and called 911. She said shes sick of this sh*t, he told the dispatcher. She shot at me, inside the house, while my boys were standing right next to me. Lord have mercy. Alexander never called the police.
More here.
Give her a fair trial then send her back to jail.
DLevine
(1,788 posts)Liberal_in_LA
(44,397 posts)Rex
(65,616 posts)Her first trial was bullshit.
meow2u3
(24,775 posts)by shifting the burden of proof to the defendent to prove beyond a reasonable doubt that she was defending herself. The prosecution is supposed to prove beyond a reasonable doubt that she did not defend herself.
WolverineDG
(22,298 posts)Clear & convincing, maybe. Beyond reasonable doubt is only for the State
Uncle Joe
(58,506 posts)Thanks for the thread, malaise.