Showing posts with label Marissa Alexander. Show all posts
Showing posts with label Marissa Alexander. Show all posts
You call this justice? Not if it’s the victim who goes to prison - By Fred Grimm MiamiHerald.com
Fred Grimm
fgrimm@miamiherald.com
Fred Grimm joined the Herald in 1976. Since 1991, he writes a column about crime, politics and life in Broward. Read his blog, The Grimm Truth - Disparate thoughts and random opinions of longtime Miami Herald columnist Fred Grimm.

Lincoln B. Alexander / via AP
Read more here: http://www.miamiherald.com/2012/05/28/2821403_p2/you-call-this-justice-not-if-its.html#storylink=cpy
fgrimm@miamiherald.com
Fred Grimm joined the Herald in 1976. Since 1991, he writes a column about crime, politics and life in Broward. Read his blog, The Grimm Truth - Disparate thoughts and random opinions of longtime Miami Herald columnist Fred Grimm.
You call this justice? Not if it’s the victim who goes to prison
Fred Grimm
fgrimm@MiamiHerald.com
fgrimm@MiamiHerald.com
Lincoln B. Alexander / via AP
Marissa Alexander, who was sentenced to 20 years in prison for firing a gun into the air to frighten off her husband.
The “victim,” in this twisted tale of Florida justice, was Rico Gray, a 245-pound Jacksonville truck driver with a proclivity for domestic violence.The “criminal,” the woman sentenced to 20 years of hard time on May 11, was his wife, Marissa Alexander, five feet, two inches tall and slight enough, as Gray mentioned in his pre-trial deposition, that on two occasions he tossed her from their house without much physical exertion. “She’s a little person so it doesn’t take much for me to pick her up and tote her out my front door . . . You know, I pretty much picked her up and throwed her out.”
In the months before the incident that sent Marissa to prison, in addition to bodily heaving her out the door, Gray had beaten her, head-butted her in the face while she was pregnant, sent her to the hospital. One of his three arrests on domestic violence charges had been for an attack on Alexander that led to a conviction and probation. On Sept. 30, 2009, a Duval County circuit judge issued an injunction against Gray, ordering him to keep away from Alexander. (In his deposition, Gray said he was previously arrested for striking two other women in the face who, he explained, “wouldn’t shut up.”)
But on August 10, 2010, as Gray approached her in a rage, Alexander (a software firm employee with an MBA and no previous criminal record) fired a pistol twice into the air. A jury convicted her of aggravated assault with a firearm and, under Florida’s draconian mandatory minimum sentencing laws, the presiding judge was left with no discretion. So she got 20 years. Her thug husband got custody of their baby son.
Women’s groups, anti-domestic violence activists, the Jacksonville NAACP, U.S. Rep. Corinne Brown and advocates for sentencing reform have all issued outraged statements condemning the verdict and the sentence. (A “Free Marissa” demonstration planned for Tuesday in Jacksonville was postponed after the city was slammed by Tropical Storm Beryl.)
But it was the words of Gray himself, in his Nov. 22, 2010, deposition, that best illustrated the perversity of his wife’s prosecution and conviction and unyielding prison sentence.
Sitting in the State Attorney’s Office, Gray described how he had erupted in anger when he discovered text messages on his wife’s phone to another man. (Alexander had moved out, but had come home briefly that day to retrieve her clothes.) “I was in a rage. I called her a whore and bitch and . . . I told her, you know, I used to always tell her that, if I can’t have you, nobody going to have you. It was not the first time of ever saying it to her.”
Gray said he had intimated that he had unsavory friends who would carry out vengeful acts on his behalf. “I ain’t going to lie. I been on the streets before I started driving trucks, you know, so I know a lot of people and she knows I know a lot of people.”
As they argued, he recounted, Marissa retreated into the bathroom. “I don’t recall breaking the door open, but I know I beat on it hard enough where it could have been broken open. Probably had some dents.”
Once he managed to get inside, he said he pushed her into the door with enough violence to further damage the door.
Did you put your hands around her neck? “Not that particular day. No.”
They struggled. She ran out through the laundry room into the garage. “But I knew she couldn’t leave out of the garage because the garage door was locked.” She came back, he said, with a gun, yelling at him to leave. “I told her I ain’t leaving until you talk to me, I ain’t going nowhere, and so I started walking toward her and she shot in the air.”
He added details. “I start walking toward her, because she was telling me to leave the whole time and, you know, I was cursing and all that.” His two sons by a previous marriage were in the room. “If my kids wouldn’t have been there, I probably would have put my hand on her. Probably hit her. I got five baby mommas and I put my hands on every last one of them, except for one.
“I physically abused them. Emotionally. You know.”
And then came what should have been the clincher: “I honestly think she just didn’t want me to put my hands on her anymore so she did what she feel like she have to do to make sure she wouldn’t get hurt, you know. You know, she did what she had to do.”
He said, “The gun was never actually pointed at me. When she raised the gun down and raised it up, you know, the gun was never pointed at me. The fact is, you know . . . she never been violent toward me. I was always the one starting it. If she was violent toward me, it was because she was trying to get me up off her or stop me from doing.”
Gray’s deposition might have read like a confession of a husband charged with domestic violence, but it was Marissa Alexander who was convicted in April after a Duval circuit judge rejected her Stand Your Ground defense. The judge decided that Alexander could have fled instead of running into the garage and fetching the pistol from her car. “This is inconsistent with a person in genuine fear of his or her life,” the judge ruled — illustrating, if nothing else, that the effectiveness of the controversial self-defense statute varies wildly from one Florida circuit to the next.
Marissa fired the gun twice that day into the wall. No one was injured. But the State Attorney’s Office said the reckless discharge of a firearm endangered the children. A jury (never told about the mandatory 20-year sentence) agreed. Circuit Judge James Daniel, handing down the verdict, noted that because of the state law, the sentencing decision “has been entirely taken out of my hands.”
Duval State Attorney Angela Corey, the same special prosecutor brought in by the governor to oversee the Trayvon Martin case in Sanford, dismissed the growing protests against the disproportionate verdict. Corey noted that just a few days before her trial, Alexander had rejected a plea offer that would have sent her to prison for three years instead of 20.
But three years would still seem a harsh sentence for a woman whose crime was to use a firearm to fend off the likes of Rico Gray. “The way I was with women, they was like they had to walk on egg shells around me. They never knew what I was thinking. What I might say . . . What I might do . . . I hit them. Push them.”
Some victim.
Read more here: http://www.miamiherald.com/2012/05/28/v-print/2821403/you-call-this-justice-not-if-its.html#storylink=cpy
In the months before the incident that sent Marissa to prison, in addition to bodily heaving her out the door, Gray had beaten her, head-butted her in the face while she was pregnant, sent her to the hospital. One of his three arrests on domestic violence charges had been for an attack on Alexander that led to a conviction and probation. On Sept. 30, 2009, a Duval County circuit judge issued an injunction against Gray, ordering him to keep away from Alexander. (In his deposition, Gray said he was previously arrested for striking two other women in the face who, he explained, “wouldn’t shut up.”)
But on August 10, 2010, as Gray approached her in a rage, Alexander (a software firm employee with an MBA and no previous criminal record) fired a pistol twice into the air. A jury convicted her of aggravated assault with a firearm and, under Florida’s draconian mandatory minimum sentencing laws, the presiding judge was left with no discretion. So she got 20 years. Her thug husband got custody of their baby son.
Women’s groups, anti-domestic violence activists, the Jacksonville NAACP, U.S. Rep. Corinne Brown and advocates for sentencing reform have all issued outraged statements condemning the verdict and the sentence. (A “Free Marissa” demonstration planned for Tuesday in Jacksonville was postponed after the city was slammed by Tropical Storm Beryl.)
But it was the words of Gray himself, in his Nov. 22, 2010, deposition, that best illustrated the perversity of his wife’s prosecution and conviction and unyielding prison sentence.
Sitting in the State Attorney’s Office, Gray described how he had erupted in anger when he discovered text messages on his wife’s phone to another man. (Alexander had moved out, but had come home briefly that day to retrieve her clothes.) “I was in a rage. I called her a whore and bitch and . . . I told her, you know, I used to always tell her that, if I can’t have you, nobody going to have you. It was not the first time of ever saying it to her.”
Gray said he had intimated that he had unsavory friends who would carry out vengeful acts on his behalf. “I ain’t going to lie. I been on the streets before I started driving trucks, you know, so I know a lot of people and she knows I know a lot of people.”
As they argued, he recounted, Marissa retreated into the bathroom. “I don’t recall breaking the door open, but I know I beat on it hard enough where it could have been broken open. Probably had some dents.”
Once he managed to get inside, he said he pushed her into the door with enough violence to further damage the door.
Did you put your hands around her neck? “Not that particular day. No.”
They struggled. She ran out through the laundry room into the garage. “But I knew she couldn’t leave out of the garage because the garage door was locked.” She came back, he said, with a gun, yelling at him to leave. “I told her I ain’t leaving until you talk to me, I ain’t going nowhere, and so I started walking toward her and she shot in the air.”
He added details. “I start walking toward her, because she was telling me to leave the whole time and, you know, I was cursing and all that.” His two sons by a previous marriage were in the room. “If my kids wouldn’t have been there, I probably would have put my hand on her. Probably hit her. I got five baby mommas and I put my hands on every last one of them, except for one.
“I physically abused them. Emotionally. You know.”
And then came what should have been the clincher: “I honestly think she just didn’t want me to put my hands on her anymore so she did what she feel like she have to do to make sure she wouldn’t get hurt, you know. You know, she did what she had to do.”
He said, “The gun was never actually pointed at me. When she raised the gun down and raised it up, you know, the gun was never pointed at me. The fact is, you know . . . she never been violent toward me. I was always the one starting it. If she was violent toward me, it was because she was trying to get me up off her or stop me from doing.”
Gray’s deposition might have read like a confession of a husband charged with domestic violence, but it was Marissa Alexander who was convicted in April after a Duval circuit judge rejected her Stand Your Ground defense. The judge decided that Alexander could have fled instead of running into the garage and fetching the pistol from her car. “This is inconsistent with a person in genuine fear of his or her life,” the judge ruled — illustrating, if nothing else, that the effectiveness of the controversial self-defense statute varies wildly from one Florida circuit to the next.
Marissa fired the gun twice that day into the wall. No one was injured. But the State Attorney’s Office said the reckless discharge of a firearm endangered the children. A jury (never told about the mandatory 20-year sentence) agreed. Circuit Judge James Daniel, handing down the verdict, noted that because of the state law, the sentencing decision “has been entirely taken out of my hands.”
Duval State Attorney Angela Corey, the same special prosecutor brought in by the governor to oversee the Trayvon Martin case in Sanford, dismissed the growing protests against the disproportionate verdict. Corey noted that just a few days before her trial, Alexander had rejected a plea offer that would have sent her to prison for three years instead of 20.
But three years would still seem a harsh sentence for a woman whose crime was to use a firearm to fend off the likes of Rico Gray. “The way I was with women, they was like they had to walk on egg shells around me. They never knew what I was thinking. What I might say . . . What I might do . . . I hit them. Push them.”
Some victim.
Read more here: http://www.miamiherald.com/2012/05/28/v-print/2821403/you-call-this-justice-not-if-its.html#storylink=cpy
Read more here: http://www.miamiherald.com/2012/05/28/2821403_p2/you-call-this-justice-not-if-its.html#storylink=cpy
FOR IMMEDIATE RELEASE ATTORNEY MICHAEL G. DOWD - PIONEER IN BATTERED WOMEN'S MOVEMENT LAUNCHES FIGHT FOR MARISSA ALEXANDER
ATTORNEY MICHAEL G. DOWD - PIONEER IN BATTERED WOMEN'S MOVEMENT LAUNCHES FIGHT FOR MARISSA ALEXANDER
(New York, New York) – 5/29/2012 – Attorney Michael G. Dowd brings over 30 years to the table in defending battered women. Dowd is known to have an exceptional history in fighting for battered women and feels that Marissa Alexander's case is one of the worse examples of domestic and judicial abuse that he's encountered. Marissa Alexander suffered extensive beatings by her husband and has most recently been beaten up by the Florida judicial system. Alexander was handed a 20 year sentence on May 11, 2012 as a result of firing a warning shot into the wall. Alexander feels that the shot saved her life - it scared off her obsessively abusive husband. The incident occurred just days after giving birth. Attorney Michael Dowd's legal advocacy efforts have attracted support globally. His dedication to fighting for battered women brings years of expertise to the movement for Marissa Alexander's Freedom.
Jacksonville, Florida May 29th Rally For Marissa Alexander - Cancelled
The 8:00AM May 29th Rally in Jacksonville, Florida for Marissa Alexander Has Been Cancelled due to tropical storm Beryl. New Date And Time To Be Announced.
If you have planned rallies in other states and communities please feel free to continue your plans.
Marissa Alexander, a mother of 3, MBA , had no prior criminal record; was attacked by her husband who has a known and documented history of domestic abuse on August 1, 2010. Marissa was arrested after she fired a warning shot into the wall - after her husband threatened to kill her. She was sentenced to 20 years in prison.
UPDATES: http://www.justice4marissa.com
Congressman Corrine Brown on Marissa Alexander (Jacksonville, FL) Ruling
Congresswoman Corrine Brown Deplores Marissa Alexander Ruling
(Washington, DC) Congresswoman Brown made the following statement:
Earlier today, I watched in horror and extreme sadness as a judge sentenced Marissa
Alexander, a documented victim of domestic violence, to a mandatory minimum of 20 years
in prison for firing warning shot into the air after she was attacked by her husband.
This African American woman didn’t hurt anyone and now she might not hug her children for
twenty years.
The imbalance in this case was abundantly clear in the courtroom. On the State’s Attorney
side of the room, I saw nine prosecutors and twenty officers. On Marissa’s side, I saw a
lone defense attorney doing his best in what clearly an unfair fight. My first step in
this case will be to bring in the nation’s best experts in domestic violence law.
The Florida criminal justice system has sent two clear messages today. One is that if
women who are victims of domestic violence try to protect themselves, the “Stand Your
Ground Law” will not apply to them. Just minutes before the incident, Marissa’s husband
told her “if I can't have you, nobody going to have you.” Millions of abused women have
heard those words.
Abused women like Marissa, who has a master’s degree and no prior record, need support
and counseling so they don’t find themselves in these situations to begin with. Arresting
and prosecuting them when no one was hurt does not help anyone. Even worse, mandatory
minimum sentences just make the system appear arbitrary and cruel.
The second message is that if you are black, the system will treat you differently. A
mere fifty miles away in Sanford Florida, a white man who shot a black teenager and
claimed self-defense was not even arrest until community leaders and people around the
world expressed their outrage. I have spoken to countless lawyers and they have yet to
discover any cases in Florida where an African American was able to successfully use the
“Stand Your Ground Law” defense in a hearing.”
Another step I will take is to call for a study into racial disparities in the application of this law.
What I didn’t see in the courtroom today is mercy or justice. The three year plea deal
from Angela Corey is not mercy and a mandatory twenty year sentence is not justice. I
hope that the people will come to Marissa’s defense as the system has so utterly failed
her. This is just the beginning, not the end.
Stand your ground" double standard in Florida? - From Anderson Cooper 360
Editor's Note: AC360's Gary Tuchman tells the story of Marissa Alexander, a woman who fired a gun in self-defense against her abusive husband. The case provides another example under which to examine Florida’s controversial “stand your ground” law. Gary's producer, Chuck Hadad, wrote the companion text piece for CNN.com
Marissa Alexander, a 31-year-old mother of three, pleaded for her freedom as an inmate in the Duval County Jail in Jacksonville, Florida.
"This is my life I'm fighting for," she said while wiping away tears. She added, "If you do everything to get on the right side of the law, and it is a law that does not apply to you, where do you go from there?"
Alexander is referring to Florida's so-called 'stand your ground' law, a law that has come under scrutiny since the killing of Trayvon Martin. Unlike the Martin case, which involved one stranger killing another, Alexander's case involved her gun and her abusive husband.
On August 1, 2010, she said her husband, Rico Gray, read text messages on her phone that she had written to her ex-husband. She said Gray became enraged and accused her of being unfaithful. "That's when he strangled me. He put his hands around my neck," Alexander said.
She managed to escape his grip but instead of running out the front door of their home, she ran into the garage, she said, to get into her truck and drive away. Alexander said that in the confusion of the fight, she forgot to get her keys and the garage door wouldn't open, so she made a fateful decision. "I knew I had to protect myself," she said, adding, "I could not fight him. He was 100 pounds more than me. I grabbed my weapon at that point."
She went back inside the house and when Gray saw her pistol at her side, she said he threatened to kill her, so she raised the gun and fired one shot. "I believe when he threatened to kill me, that's what he was absolutely going to do. That's what he intended to do. Had I not discharged my weapon at that point, I would not be here."
Alexander, however, said she did not aim the gun at her husband. She said she fired into the air intending to scare him away and Gray quickly left the house with his two children. No one was hurt in the incident, but Alexander sits in jail facing a 20-year sentence on three charges of aggravated assault with a deadly weapon. Gray admitted to a history of physical abuse. In a previous incident, Alexander said he beat her so severely she ended up in the hospital and he ended up in jail. "He pushed me, choked me, pushed me so hard into the closet that I hit my head against the wall and passed out for a second," Alexander said.
In a deposition for the case against Alexander, Gray backed up much of his wife's story. "I told her if she ever cheated on me, I would kill her," he said during the proceeding led by a prosecutor for State Attorney Angela Corey's office and his wife's defense attorney. "If my kids weren't there, I knew I probably would have tried to take the gun from her," Gray said, adding, "If my kids wouldn't have been there, I probably would have put my hand on her." When Alexander's defense attorney asked him what he meant by "put my hand on her," Gray replied, "probably hit her. I got five baby mammas and I put my hands on every last one of them except for one." Alexander's attorney filed a motion for dismissal under the stand your ground law but at that proceeding her husband changed his story. Gray said he lied during his deposition after conspiring with his wife in an effort to protect her. At the hearing, he denied threatening to kill his wife, adding, "I begged and pleaded for my life when she had the gun." The motion was denied by the judge.
Alexander was offered a plea deal by Corey's office, but she opted to go to trial. A jury found Alexander guilty in 12 minutes. She is baffled why invoking the stand your ground law wasn't successful in her case. "Other defendants have used it. What's so different about my situation that it doesn't apply to me?" she asked. The local NAACP believes race may have played a role. "There's a double standard with stand your ground," said Isaiah Rumlin, president of the Jacksonville Chapter of the NAACP. "The law is applied differently between African-Americans and whites who are involved in these types of cases," he added. Rumlin cited two shooting cases in Florida with white shooters: One had a successful stand your ground defense and the other has yet to be charged with a crime. Online blogs are also raising the question of race. Last week, a spokeswoman for the Rev. Al Sharpton confirmed he, too, was looking into Alexander's story. When asked about race as a factor in her case, Alexander declined to comment. CNN requested an interview with Rico Gray for this story. He agreed but later declined through a family friend, saying he was concerned that speaking publicly would put his life in danger. On Sunday, he resumed contact with CNN, offering an interview to "anyone who would like to pay." Monetary compensation for an interview is against CNN policy.
Through a spokeswoman, State Attorney Angela Corey declined to comment on the case until after the sentencing. Alexander's attorney, Kevin M. Cobbin, is fighting for a new trial and that hearing is tentatively scheduled for next week. If that motion is denied, Alexander will receive a mandatory 20-year sentence with no possibility of parole.
Alexander, however, said she did not aim the gun at her husband. She said she fired into the air intending to scare him away and Gray quickly left the house with his two children. No one was hurt in the incident, but Alexander sits in jail facing a 20-year sentence on three charges of aggravated assault with a deadly weapon. Gray admitted to a history of physical abuse. In a previous incident, Alexander said he beat her so severely she ended up in the hospital and he ended up in jail. "He pushed me, choked me, pushed me so hard into the closet that I hit my head against the wall and passed out for a second," Alexander said.
In a deposition for the case against Alexander, Gray backed up much of his wife's story. "I told her if she ever cheated on me, I would kill her," he said during the proceeding led by a prosecutor for State Attorney Angela Corey's office and his wife's defense attorney. "If my kids weren't there, I knew I probably would have tried to take the gun from her," Gray said, adding, "If my kids wouldn't have been there, I probably would have put my hand on her." When Alexander's defense attorney asked him what he meant by "put my hand on her," Gray replied, "probably hit her. I got five baby mammas and I put my hands on every last one of them except for one." Alexander's attorney filed a motion for dismissal under the stand your ground law but at that proceeding her husband changed his story. Gray said he lied during his deposition after conspiring with his wife in an effort to protect her. At the hearing, he denied threatening to kill his wife, adding, "I begged and pleaded for my life when she had the gun." The motion was denied by the judge.
Alexander was offered a plea deal by Corey's office, but she opted to go to trial. A jury found Alexander guilty in 12 minutes. She is baffled why invoking the stand your ground law wasn't successful in her case. "Other defendants have used it. What's so different about my situation that it doesn't apply to me?" she asked. The local NAACP believes race may have played a role. "There's a double standard with stand your ground," said Isaiah Rumlin, president of the Jacksonville Chapter of the NAACP. "The law is applied differently between African-Americans and whites who are involved in these types of cases," he added. Rumlin cited two shooting cases in Florida with white shooters: One had a successful stand your ground defense and the other has yet to be charged with a crime. Online blogs are also raising the question of race. Last week, a spokeswoman for the Rev. Al Sharpton confirmed he, too, was looking into Alexander's story. When asked about race as a factor in her case, Alexander declined to comment. CNN requested an interview with Rico Gray for this story. He agreed but later declined through a family friend, saying he was concerned that speaking publicly would put his life in danger. On Sunday, he resumed contact with CNN, offering an interview to "anyone who would like to pay." Monetary compensation for an interview is against CNN policy.
Through a spokeswoman, State Attorney Angela Corey declined to comment on the case until after the sentencing. Alexander's attorney, Kevin M. Cobbin, is fighting for a new trial and that hearing is tentatively scheduled for next week. If that motion is denied, Alexander will receive a mandatory 20-year sentence with no possibility of parole.
Alexander Case Shows Need to Reform 10-20-Life Law
Alexander Case Shows Need to Reform 10-20-Life Law
For Immediate Release
Date: April 24, 2012
Contact: Monica Pratt Raffanel, media@famm.org
WASHINGTON, D.C. -- FAMM (Families Against Mandatory Minimums) President Julie Stewart today called on Florida lawmakers to repeal the state’s “10-20-Life” automatic prison sentence for assault with a deadly weapon without intent to kill. The call comes as Marissa Alexander, a 31-year-old mother of three, prepares to be sentenced for a 2010 incident in which she fired a gun into the ceiling of her house to persuade her abusive husband to leave.
“A lot of attention has been paid to Florida’s ‘Stand Your Ground’ law and far too little to the state’s extreme, one-size-fits-all sentencing laws,” Ms. Stewart said. “Less than three years ago, Orville Lee Wollard, a lawful gun owner, fired a warning shot in his home to chase off a young man who had been abusing his teenage daughter. After Wollard rejected a plea deal and a jury rejected Wollard’s self-defense claim, a Florida judge was forced by the state’s mandatory minimum sentencing law for assault to send Wollard to prison for 20 years. Mr. Wollard’s judge stated that he thought the sentence was excessive, but said his hands were tied.
“In the coming weeks, Marissa Alexander, who was also found guilty of assault with a deadly weapon, will likely be sentenced to the same 20-year mandatory minimum prison term. While reasonable people can disagree on whether Mr. Wollard or Ms. Alexander deserve any prison time for their conduct, no one can honestly believe that these were the types of cases the legislature had in mind when it passed the 10-20-Life automatic gun sentence,” Stewart said.
According to press reports and court records, Ms. Alexander’s husband, Rico Gray, abused her on more than one occasion before the incident that led to her conviction. Mr. Gray described one incident of abuse in a deposition, saying, “And the third incident (with Alexander) we was staying together and I pushed her back and she fell in the bathtub and hit her head and I-- you know, by the time I ran downstairs and got in my car to leave, you know, that's the time I went to jail, the police picked me up down the street.”
In that same deposition, Mr. Gray admitted that he threatened his wife’s safety on the day she fired the gun into the ceiling. He also admitted that Ms. Alexander never aimed her gun at him (or his two children who were also present). According to Mr. Gray, after she told him to leave her house and he refused, she discharged the gun into the ceiling and no one was hurt. He later called the police and told them what had happened. Ms. Alexander was arrested and charged with three counts of aggravated assault (one count related to her husband, and two more for her stepsons). Ms. Alexander strongly maintains her innocence.
Greg Newburn, director of FAMM’s Florida project, said, “Based on everything we have heard to this point, we believe that sending Marissa Alexander to prison for 20 years would be a tremendous injustice and a colossal waste of Florida taxpayers’ hard-earned money.
“This is not an issue about race – it’s about individualized justice. Ms. Alexander is black, but Orville Lee Wollard is white. Rather, this is another, powerful example of how inflexible sentencing laws prevent courts from considering highly relevant circumstances, such as whether the offender is a hardened criminal or a first-time offender and whether someone was motivated by malice or genuine fear,” said Newburn.
For more information on Marissa Alexander’s case, see news articles in the Florida Times-Union, International Business Times, and Loop 21.
For more information on Orville Lee Wollard’s case, see his profile and an op-ed by Ms. Stewart that appeared in The Washington Times. For another case involving an excessive sentence imposed under the 10-20-life mandatory gun law, see FAMM’s profile of Erik Weyant.
Marissa Alexander's Sentencing Was Delayed
JACKSONVILLE, Fla. -- A Jacksonville woman will have to wait to learn if she will be spending the next twenty years of her life behind bars.
Marissa Alexander was originally scheduled to be sentenced Monday morning. However, a judge delayed her sentencing.
Alexander will have a hearing April 30th for a judge to rule on post-trial motions. No new date has been set for her sentencing.
Marissa Alexander was convicted on three counts of aggravated assault after firing a warning shot at her ex-husband inside their home in 2010.
At the time, Alexander had already taken out a protective order against her ex-husband earlier that year when he was arrested for physically abusing her.
So when a fight started in their master bedroom, Alexander told police she feared for her life.
Alexander's attorney filed a Stand Your Ground motion before the trial, but the judge denied her immunity.
Alexander is looking at a mandatory sentence of 20 years.
Why Was Marissa Alexander Not Allowed To Stand Her Ground?
Marissa Alexander has three children, including an infant who was born 9 days before her mother was attacked.
In August 2010, Marissa Alexander found herself in what she believed was a life or death situation. While she was using the bathroom in her Jacksonville, Florida home, her husband allegedly attacked her. He assaulted her, shoving, strangling and holding her against her will, preventing her from fleeing, while she begged him for mercy. After a minute or two of trying to escape, she got free and went to the garage where her truck was parked, but realized that she didn’t have her keys. After her attempts to open the garage door failed, she grabbed her weapon, and went back inside her home, hoping to either leave through another exit or get her cell phone. But when she got to the kitchen, her husband approached and threatened her. Yelling “Bitch, I will kill you!” he charged toward her. Afraid and desperate, she lifted the weapon that was in her right hand, turned away and discharged a single shot up in the air, in the ceiling.
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Alexander may have saved her life that day and no one was hurt when she fired the warning shot. But the incident could soon cost her up to 25 years in prison. After she fired her gun, her husband ran out of the home, contacted the police and reported that she shot at him and his sons. Police arrested her; prosecutors tried her — and though she claimed self-defense under Florida’s Stand Your Ground law — a jury convicted her of three counts of aggravated assault with a deadly weapon with no intent to harm. She has been in jail for a year and is now waiting for a judge to issue her sentence. The prosecutor in her case? None other than special prosecutor Angela Corey, who is leading the prosecution of George Zimmerman, who claims he shot African-American teen Trayvon Martin in self-defense.
I have not vetted Alexander’s story and — while a local alternative weekly newspaper, the Folio Weekly, maybe investigating her story — it appears that no local media organizations have vetted it either. So there is no way to ascertain her husband’s name or his side of the story. But if there’s any merit to the account of events circulating around the Internet — through a letter she wrote with her previous husband and friend, Lincoln Alexander, and through an interview that her relatives gave on The Nancy Lockhart Show – someone has some explaining to do.
Florida’s Stand Your Ground Law allows victims to pull the trigger on aggressors when they “reasonably believe” doing so is necessary to stop the other person from hurting them. It obviates their duty to retreat. Yet the judge who heard Alexander’s case at an evidentiary hearing said she “could have exited the house thru the master bedroom window, front door, and/or sliding glass back door,” according to Alexander’s letter. And a jury somehow agreed that Alexander’s discharge of her firearm was not justifiable.
On the Nancy Lockhart Show, Lincoln Alexander said that the family plans to appeal his ex-wife’s case. They are also planning a press conference for 3 pm Wednesday.
As soon as I learn more details about the husband’s side of the story, I’ll report it.
Marissa Alexander Faces Jail Time Despite 'Stand Your Ground' in Florida - From News.Gather.com
Marissa Alexander Faces Jail Time Despite 'Stand Your Ground' in Florida
April 19, 2012 11:01 PM EDT
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Marissa Alexander stood her ground against domestic violence, but she still faces jail time. The Trayvon Martin murder has brought Florida's "Stand Your Ground" law to the forefront over the past several months.
In 2010, Alexander fired a warning shot at her ex-husband inside her home to keep him from advancing on her. She had a protective order because he had abused her in the past, and that did not keep him from coming back and threatening harm. He was not hurt, and nobody else was either. It seems unbelievable that she has been jailed over something like this especially since the gun was registered to her, it was her own house, and nobody was injured.
Marissa Alexander's sister Helena Jenkins said, "She did what she had to do to live, and I believe if she didn't do that, my sister wouldn't be sitting in jail today, she would be sitting in a coffin."
Thank goodness she protected herself. She did not shoot this man, and it is unbelievable that she could spend two decades in jail over this. What do you think? Was this an example of "Stand Your Ground?" Also, should this law be reexamined given the recent issues with it?
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