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Unfortunately, there’s bad news for Marissa Alexander.

A Florida judge has denied Marissa Alexander a new self-defense hearing, finding that the recent addition of a “warning shot” provision to the state’s so-called Stand Your Ground law could not be applied retroactively, according to a report from Salon:

The law allows a person to fire without retreat if they have a “reasonable fear of imminent peril of death or great bodily harm to himself or herself.” Alexander, a survivor of domestic violence who says she fired a warning shot at a wall to fend off her abusive husband Rico Gray after he threatened to kill her, was denied immunity in her first hearing. She was later convicted of aggravated assault and sentenced to 20 years in prison, but the conviction was overturned on appeal.

As Irin Carmon at MSNBC points out, Alexander’s lawyers argued that evidence not previously introduced — one of Gray’s children recanted his testimony, expert testimony on ‘battered women’s syndrome” and Gray’s history of domestic violence and lying to law enforcement — warranted a second hearing. But Circuit Judge James Daniel wrote that the evidence did not merit a new hearing because “the basic outlines of her claim and [Gray’s] claim have not changed at all.”

The case will now go to trial, and it will be left to a jury to decide if Alexander had a “reasonable fear of imminent peril” when Gray broke through the door of the bathroom where she was hiding during a domestic violence incident, grabbed her by the neck, choked her and shoved her to the floor. Alexander said that Gray had threatened to kill her when she tried to escape through the garage, but found herself trapped when the garage door wouldn’t open. She returned to the house having retrieved a gun and fired at a wall near where Gray stood. No one was harmed.

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(Photo Source: AP)

32 thoughts on “Marissa Alexander Still Facing 60 Years in Prison; New Stand Your Ground Hearing Denied

  1. tewdeeq on said:

    She is thrown in jail over warning shots. Zimmerman is not because he did what America wants him to do – kill black men.

    • OK Peeps, if your going to make a comment on a story please have an inkling about the facts of the case, not just “oh she got 20 cause she black”. “True dat gurl, racist system keeping us down”. Bull shyt. It just gets tired and make you look uneducated. Just provide facts that indicate that Marissa didn’t deserve her sentence of 20 years for firing a gun at someone in Fla. it’s a tough sentence, but if you own a gun in Fla., one law that you want to weigh heavily before you pull the trigger. Ballistics clearly show it wasn’t a warning shot. She was lying, and lied several time while being questioned by police. Evidence and the jury found her guilty on the FACTS. I know the easy answer is that she got 20 years because she is black in a racist judicial system. That is a pathetic excuse. The facts show she got exactly what she deserved under the law. For her to turn down a plea was just plain idiotic, but I guess she wanted to ride out her fame just a few more months. Sad

    • I guess it’s Ok to drive drunk if no one gets hurt. Please people, use common sense. She fired a shot at adult human height with 2 kids nearby. It was NOT a warning shot. It was however, a lie. Mandatory sentence for her action in Flordia is 20 years. Stand your ground was disproven and it took the jury a grand total of 12 minutes to render the only verdict they could with the facts. Why is it taking you people 12 months to understand the law. It ain’t black, it ain’t white, it’s the law.

  2. The truth about Marissa Alexandra that BAW won’t tell you:
    Yes, her husband had a history of domestic abuse but Ms. Alexander was also abusive and she had a temper. She had a year long restraining order against her husband, during that time she conceived and had a child with him. They got into an argument about texts to an ex of hers and accusations of who the real father of the baby was and there was shoving. Now then she bypassed two exits of the home and went into the garage (3rd exit). She told LE that the garage door was broken and she could not get out but when checked the door worked just fine. She retrieved a handgun from her car and returned back to the inside of the home. She claimed she fired a warning shot into the ceiling, she did not, the path of the bullet was at head level where her husband and 2 children were standing and the path can be traced as it went through the walls.

    Her husband left his home with his children and called the police and she locked herself inside the home…..she never called 911. Her story did not match the evidence. Her husband changed his story from the 911 call to try and protect her but changed back to the original version for the trial. His eldest son also testified at the trial.

    When she was out on bail she violated the terms set by bail (she was to have no contact with her husband) and again went to the home. She then assaulted her husband leaving him with a black eye. He, once again, was the one to call 911 and she never did and left the scene. When the police caught up to her they noticed no injuries on her and place her in handcuffs and into a car. Shortly afterwards she complained of her head hurting and a cut was seen on her head and she was transported to the hospital. It was suggested that she caused her own injury after being put into the police car to frame her husband. Because of the history of domestic violence, the prosecutor wanted to cut her a break and offered her 3 yrs and a lesser charge but Alexander took her chances on SYG and the jury. She lost on the SYG hearing and turned down her plea deal.

    Because she bypassed 2 first exits to leave the home and went out a 3rd door and retrieved a gun and went back to confront her ex, this is why she lost out on SYG. She was out of any danger but went back to continue the confrontation only this time with a gun. That is not standing your ground.

    If anything, Florida’s 10-20-Life law is what needs to be changed. Show a gun and you get 10 yrs, fire a gun and you get 20, kill someone and you get Life. These are firm sentences with no wiggle room or discretion left to the judge.

      • No Debra, these are simply the facts and ballistic evidence from the case. Please expand your mind by reading something other than BAW and Essence.

      • Debra on said:

        Your response validates that Your Racism and inability to rise above your upbringing. I do not read essence, because of who owns it. But I will read all types of publications. I do not limit my reading to on publication, because like you, Fox etc. has a Backwards and Warped way of viewing those that do not look like you

      • Debra on said:

        And the USA Justice System! Regardless of what the evidence say, You All View/Judge the person bases on Skin Color. The Evidence is irrelevant. You will change, remove or do whatever you have to get what you want, just as Angela Cory is doing!

      • How can you blame this on Corey. She went very hard after Zimmerman. So hard, she made a case where there was none. Give me facts Debra, all you give are conspiracy theories and race cards.

      • Debra on said:

        I speak of Facts! She had no intention of ever Prosecuting Zimmerman, because if she did she would have used all the evidence, but she didn’t. That was a Dog and Pony show she put on to appease the family. GZ was guilty, but again you and others racism is so deeply seeded you cannot rise above or see the Forrest for the Trees.

      • Please cite one example that is conjured up. It wasn’t a warning show, ballistics disproved that, she went to get her gun, bypassing 2 exits. She lied about the garage door. 911 calls prove she was the aggressor, and her damm son testified against her. What more do you want. Alexander is guilty and will get 20 years. She was an idiot to turn down 3 years. Thought public support for her lies from idiots like you would see her through. Reality Debra, face it now or get slapped by it later.

      • Debra, you are the one ignoring evidence, or at least only looking at the evidence that supports your view. Fact: Trayvon was on top of George punching him MMA style and banging his skull against the concrete sidewalk. These facts are backed up by abrasions on Zimmermans head, blood on the sidewalk, and eyewitness testimony. At that very moment Georgie was in fear for his life, and the law allows him to defend himself with force, yes that includes a gun. You can debate if he had the right to follow, etc…. But it comes down to fear for life, and that was proven in court, and supported by the jury verdict. You are right, it was a sideshow, because it never should have taken place. If you attempt an educated rebuttal, please use facts and not racist conspiracy theories.
        Thank you

    • Barb on said:

      Debra,
      I applaud your efforts, I really do! A Zebra cannot change his stripes! I would like to comment, but my Mom always said if you cannot say nothing nice, do not say nothing so I will not!

      • Barb, no reason to say anything nice or not nice, for that matter. Just provide facts that indicate that Marissa didn’t deserve her sentence of 20 years for firing a gun at someone in Fla. it’s a tough sentence, but if you own a gun in Fla., one law that you want to weigh heavily before you pull the trigger. Ballistics clearly show it wasn’t a warning shot. She was lying, and lied several time while being questioned by police. Evidence and the jury found her guilty on the FACTS. I know the easy answer is that she got 20 years because she is black in a racist judicial system. That is a pathetic excuse. The facts show she got exactly what she deserved under the law. For her to turn down a plea was just plain idiotic, but I guess she wanted to ride out her fame just a few more months. Sad

  3. Mrs. Alexander, was offered a plea deal, where by she would spend 3 years in prison, with good behavior, she probably would have served half of her 3 year sentence, but she refused the plea deal, and chose to take her case to trial, that was a big mistake, if she had only taken the plea deal this poor woman, would have been home with her children, by now, where she belongs, and this nightmare would have been behind her, now she is facing 60 years in prison, that’s just so unfair, my prayers are with her, and her family.

  4. carmen on said:

    You couldn’t pay me to live in Florida. All the glitz and tv glamour is really miami aka south beach. Florida is still the deep south no matter how glamorous it seem on tv and no offense but it seems like the people color are like walking zombies, ignorant to real life fact, unless they moved down there from the North.

    • Truth007 on said:

      I couldn’t agree with you more. I said the same thing. FLORIDA is a horrible place to live. This “stand your ground” or “self defense” law is crazy. She was better off shooting the man than give a warning shot? Give me a break. He should be grateful and thankful his sorry tale wasn’t shot or killed. So the law backfires and aid a wife beater. Go figure.

      • Florida is a horrible place to live if you discharge a gun in the manner of which Ms. Alexander did. 20 year mandatory sentence. Let’s please stop this nonsense of a warning shot. Ballistics proved that to be a lie.

  5. Mary on said:

    @June your reply is as stupid as you are! WF don’t stick together anymore than BF. What does BM messing with WW have to do with this topic, like I said you and your comments are STUPID.

  6. Reblogged this on The Mind of Brosephus and commented:
    In light of all that’s transpired since her original case, I don’t see how any rational jury will convict Alexander and sentence her to 60 years. In all the analysis and stuff related to this case, I have not heard one pundit, reporter, or anybody else question what effect this whole circus has on the children involved. If this involved zygotes, Florida would be up in arms about what effect it had on the unborn, but not a damn peep about the living, breathing kids involved.

  7. Linda on said:

    Miss Alexander’s attorney should have requested a change of venue since it is apparent that she is not to receive a FAIR TRIAL in Florida!!!!

    She might as well have shot and killed her abuser–she may just receive the maximum jail time anyway!!!!

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