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Old Jan 9th, 2014, 12:35 AM   #1
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State of Florida trying to throw Marissa Alexander back in jail

Marissa Alexander enters the courtroom for her bond hearing in Jacksonville, Fla., Nov. 13, 2013.
Bob Self/AP
State of Florida trying to throw Marissa Alexander back in jail
01/08/14 12:30 PM—Updated 01/08/14 12:34 PM

By Morgan Whitaker

Marissa Alexander may be sent back to jail over alleged violations of her bond conditions.

Florida State Attorney Angela Corey’s office
has filed a motion to see Alexander put back behind bars, alleging she “repeatedly flouted” her home detention bond conditions on by running various errands including shopping for clothes, visiting a bank, and driving family members to various destinations.

“She continues to demonstrate her utter disregard for conforming her behavior to the rules of others (including other defendants granted bond by the courts) must abide by,” the motion filed by Assistant State Attorney Richard Mantei read.

But Alexander’s attorney fired back with their own motion, insisting the Jacksonsville Sheriff’s Office, tasked with overseeing her bond, had signed off on every trip she took.

“Unfortunately, the State of Florida, knowing that [her corrections officer] had authorized and given Marissa Alexander permission for each of the trips and stops alleged by the State to be wilful violations of Marissa Alexander’s bond, failed to include those exonerative facts in its application to this Court,” attorney Bruce Zimet wrote in his motion.

“No justification supports the state’s failure to include in its motion to modify and revoke bond the fact that every activity alleged to be a violation of bond had been approved by the agency charged with the responsibility of supervising Marissa Alexander’s bond,” Zimet added. “Obviously, including those omitted facts would expose the frivolity of the state’s motion.”

Alexander was released on bond shortly before the Thanksgiving holiday while she awaits a retrial after being convicted of aggravated assault for firing what she described as a warning shot at her abusive husband.

No one was injured in the incident, but a jury found Alexander of multiple counts of aggravated assault with a firearm in 2012, which came with a mandatory minimum 20 year sentence. Her conviction was overturned in September when a judge ordered a retrial after he found that the jury instructions in her original trial were erroneous, unfairly forcing Alexander to prove that she had fired her shot in self-defense.

A bond hearing is scheduled for Friday to determine whether or not her bond will be revoked over the State’s allegations.
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Old Jan 9th, 2014, 12:46 AM   #2
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Re: State of Florida trying to throw Marissa Alexander back in jail

Quote:
Originally Posted by mykarma View Post
Marissa Alexander enters the courtroom for her bond hearing in Jacksonville, Fla., Nov. 13, 2013.
Bob Self/AP
State of Florida trying to throw Marissa Alexander back in jail
01/08/14 12:30 PM—Updated 01/08/14 12:34 PM

By Morgan Whitaker

Marissa Alexander may be sent back to jail over alleged violations of her bond conditions.

Florida State Attorney Angela Corey’s office
has filed a motion to see Alexander put back behind bars, alleging she “repeatedly flouted” her home detention bond conditions on by running various errands including shopping for clothes, visiting a bank, and driving family members to various destinations.

“She continues to demonstrate her utter disregard for conforming her behavior to the rules of others (including other defendants granted bond by the courts) must abide by,” the motion filed by Assistant State Attorney Richard Mantei read.

But Alexander’s attorney fired back with their own motion, insisting the Jacksonsville Sheriff’s Office, tasked with overseeing her bond, had signed off on every trip she took.

“Unfortunately, the State of Florida, knowing that [her corrections officer] had authorized and given Marissa Alexander permission for each of the trips and stops alleged by the State to be wilful violations of Marissa Alexander’s bond, failed to include those exonerative facts in its application to this Court,” attorney Bruce Zimet wrote in his motion.

“No justification supports the state’s failure to include in its motion to modify and revoke bond the fact that every activity alleged to be a violation of bond had been approved by the agency charged with the responsibility of supervising Marissa Alexander’s bond,” Zimet added. “Obviously, including those omitted facts would expose the frivolity of the state’s motion.”

Alexander was released on bond shortly before the Thanksgiving holiday while she awaits a retrial after being convicted of aggravated assault for firing what she described as a warning shot at her abusive husband.

No one was injured in the incident, but a jury found Alexander of multiple counts of aggravated assault with a firearm in 2012, which came with a mandatory minimum 20 year sentence. Her conviction was overturned in September when a judge ordered a retrial after he found that the jury instructions in her original trial were erroneous, unfairly forcing Alexander to prove that she had fired her shot in self-defense.

A bond hearing is scheduled for Friday to determine whether or not her bond will be revoked over the State’s allegations.
That Angela Corey is a real bitch. Her office fvcks up the case against Zimmerman and is hell fit on keeping Marissa in jail.
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Old Jan 9th, 2014, 01:01 AM   #3
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Re: State of Florida trying to throw Marissa Alexander back in jail

Two sides to every story....


Prosecutors argue Marissa Alexander violated bond despite permission from Sheriff's Office


Posted: January 8, 2014 - 6:48pm | Updated: January 8, 2014 - 6:59pm



By Larry Hannan


The office of State Attorney Angela Corey said Wednesday that it didn’t matter if Marissa Alexander got permission from the Jacksonville Sheriff’s Office before running errands outside of her house because the law enforcement agency didn’t set the rules of her home detention.


Alexander, 33, is out on bond while awaiting a new trial on charges of firing a gun at her estranged husband and his two children. Under the conditions of her release, Alexander is required to stay in her home except for court appearances, medical emergencies and anything for her pretrial services program, like a drug test....


Read more at Jacksonville.com: http://jacksonville.com/news/crime/2...#ixzz2prXaNfeS


Who set the rules for her release?
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Old Jan 9th, 2014, 02:43 PM   #4
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Re: State of Florida trying to throw Marissa Alexander back in jail

Weird.
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Old Jan 10th, 2014, 08:53 PM   #5
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Re: State of Florida trying to throw Marissa Alexander back in jail

Marissa Alexander arrives in court, Oct. 31, 2013.
Bruce Lipsky/AP
Marissa Alexander to remain free as she awaits retrial
01/10/14 11:45 AM—Updated 01/10/14 03:03 PM
facebook twitter 1 save share group 36
By Morgan Whitaker

Marissa Alexander will remain free while she awaits a retrial after a Florida judge decided against revoking her bond Friday.

The Florida State Attorney’s Office, run by Angela Corey, had filed a motion to have Alexander’s bond revoked after she ran errands that appeared to violate the terms of her home detention in the weeks after her release on Nov. 27. Alexander’s correctional service counselor has testified that she authorized all of the trips Alexander took, including shopping for clothes and going to the bank, because she believed they were within the scope of Alexander’s bond conditions. She also testified that she was not worried about the risk of Alexander traveling beyond what she had authorized, in part because she has been wearing a GPS monitor.

Judge James Daniel decided that, while Alexander’s errands were beyond the scope of her bond conditions, those trips did not constitute “a willful violation,” because she had received clearance from the counselor.

NewsNation with Tamron Hall, 1/10/14, 2:41 PM ET
Judge denies motion to revoke Marissa Alexander's bond
“This is a situation that has occurred because of a mistake. Simply that and nothing more,” Daniel said as he announced the decision.

Prosecutors from the state attorney’s office argued that Alexander should have known that the trips were inappropriate, adding that additional violations, which led a judge to revoke her bond during her first trial, proved that Alexander lacked proper judgment. “The evidence shows you can’t rely on her,” Assistant State Attorney Richard Mantei said.

“How many second chances before they’re not second chances anymore?” Mantei continued.

While Alexander has been given a second chance by the judge, she likely won’t be leaving her home for errands going forward. “No one has the discretion to authorize the defendant to leave under any circumstances,” Daniel said in his decision.

Alexander will remain in home detention as she awaits retrial as the state attorney’s office attempts to secure a new conviction for aggravated assault for Alexander’s decision to fire what she described as a warning shot at her abusive husband during an argument that occurred in 2010.

No one was injured by the bullet, but a jury found Alexander guilty of multiple counts of aggravated assault with a firearm in 2012, which required a 20-year sentence under Florida’s mandatory minimum sentencing laws for gun convictions. Alexander’s conviction was overturned in September when Judge Daniel ordered a retrial on the grounds that the jury instructions had been erroneous in her first trial.

Her new trial is scheduled for March 31.
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Old Jan 10th, 2014, 10:18 PM   #6
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Re: State of Florida trying to throw Marissa Alexander back in jail

Thank goodness common sense prevailed.
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Old Jan 11th, 2014, 12:23 AM   #7
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Re: State of Florida trying to throw Marissa Alexander back in jail

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Originally Posted by Infiniti2001 View Post
Thank goodness common sense prevailed.
I'd really like to know why they're so hell bent on keeping Marissa in prison. Is it because she had the audacity to refuse the plea bargain she was offered when all she did was shot in the air to protect herself or is this somehow personal because of all of the support she's been receiving?

This woman had just had a newborn baby so there was no way she had the strength to even attempt to protect herself from this man and the baby girl's father admitted that he was attempting to beat her. Not only that but he collaborated her story and pleaded that she not go to jail but the Florida's injustice sentenced still chose to ruin not only her but her child's life.

There was an order of protection against him, record of abuse against women which he testified to and not only that she was gainfully employed had her masters degree and had never been in trouble with the law? This just shows that the State of Florida will do anything to send this woman back to prison and probably without parole. This case has to stay in the public view for all to see or I fear the worse for her. Without Trayvon Martin's murder Marissa would still be in prison and her fate would still be in the annals of Florida justice system.
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Old Jan 11th, 2014, 04:42 PM   #8
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Re: State of Florida trying to throw Marissa Alexander back in jail

My prediction is that she'll wind up taking an Alford Plea, and being released on time served. It means that she doesn't plead guilty to anything, but acknowledges that she could have been convicted, sort of like a draw in boxing. (Which also precludes somebody from suing the state). In terms of her then having a criminal record, I'm not sure if its considered that. Not ideal, but life often isn't.
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Old Apr 5th, 2014, 02:42 AM   #9
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Re: State of Florida trying to throw Marissa Alexander back in jail

'Warning-shot' bill passes Florida Senate floor


TALLAHASSEE, Fla. -- The Florida Senate on Thursday approved the so-called warning shot bill, moving to significantly revise the state's self-defense laws for the first time since the shooting death of Trayvon Martin.

The bill, which was partly inspired by the case of a Jasonville woman sentenced to 20 years in prison after firing a shot near her estranged husband during an altercation, passed the chamber 32-7. The woman, Marissa Alexander, is out on bail awaiting a new trial.

The bill, which earlier received backing from the Republican-controlled House, now goes to the desk of Republican Gov. Rick Scott.

Alexander had tried to assert a "stand your ground" defense, but a judge rejected her claim. She was sentenced under a 1999 law called "10-20-life" in which mandatory sentences are imposed for using a gun in certain cases.

That law requires that anyone who shows a gun in the commission of certain felonies receive an automatic 10 years in prison. If a gun is fired, it's an automatic 20 years under that law. Shoot and wound someone and the mandatory sentence is 25 years to life.

The warning shot bill, however, would allow for instances of threatened use of force without falling under the rule of "10-20-life."

NRA lobbyist Marion Hammer and supporters said "10-20-life" wasn't intended to be used in self-defense cases.

"This is an important bill because it stops the abuse of 10-20-life and keeps prosecutors from using it against people who use lawful self-defense," Hammer said. She added that "10-20-life is not about self-defense. Self-defense is a constitutional right. 10-20-life was passed to stop prosecutors and judges from slapping gun-wielding criminals on the wrist and giving them reduced sentences or probation."

Opponents of the proposed changes, however, argued that the so-called warning shot legislation would encourage more people to fire weapons.

"There's two magic words the public's going to hear — warning shot," Sen. Chris Smith, R-Fort Lauderdale, said. "I just don't think it's responsible right now to encourage people to give warning shots — in the air, in a crowd or wherever."

The bill was sponsored by Sen. Greg Evers, a Republican from Pensacola.

Evers opposes the phrasing "warning shot" and emphasized that the bill is all about self-defense.

"This bill, if you read it, does not say anything about a warning shot," Evers said. "What this bill does, it says, if you are threatened you can use equal or threatened use of force to protect yourself.

"This is about self-defense. This is about the right thing to do."

Alexander attempted to use a "stand your ground" defense which allows the use of lethal force when threatened with death or great bodily harm. The defense failed because she did not actually shoot her husband.

Opponents in the House and Senate have folded "warning shot" arguments into "stand your ground" debates.

A commonly used example is the acquittal of George Zimmerman, who was accused and later acquitted in the death of unarmed 17-year-old Trayvon Martin.

In another case, Michael Dunn was recently convicted of second-degree attempted murder after shooting into a car full of black teenagers. The jury deadlocked on a murder charge against him in the death of one of those teens, Jordan Davis, in Jacksonville.

Some have questioned what qualifies as a warning shot and how many warning shots are allowed. Smith argued that the bill sent to Scott would give "someone like Michael Dunn the opportunity to get away with filling a car with 11 bullets."

An aide to Scott said he will give the bill close scrutiny.

"Governor Scott supports the Second Amendment and Florida's self-defense laws," spokesman John Tupps said. "He looks forward to reviewing this legislation in its entirety now that it has been approved by both the House and the Senate."

Read more here: http://www.miamiherald.com/2014/04/0...#storylink=cpy

Good news for Alexander?
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Old Apr 5th, 2014, 06:32 AM   #10
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Re: State of Florida trying to throw Marissa Alexander back in jail

Not really.

The first time she was tried she was found guilty because she couldn't get the jury to believe that she had fired in self-defense.

Even if she went in and used this new law, she'd still have the do the exact same thing (prove that what she did was in self-defense) and with no extra evidence and the bar for aggravated assault being so low, she's pretty much screwed.

Corey...fix your damn hair and offer her the plea deal with time served.
Alexander...just take the damn plea deal and move on with your life.
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