Marissa Alexander enters the courtroom for her bond hearing Wednesday, Nov. 13, 2013, in Jacksonville, Fla. Alexander is getting a new trial after a court overturned her 20-year prison sentence for firing what she called a warning shot at her husband. Her case has drawn attention and criticism aimed at mandatory-minimum sentencing laws. (AP Photo/The Florida Times-Union/Bob Self)
Attorneys for Marissa Alexander, 33, the Florida mother of three who has spent over 1,000 days in jail and was sentenced to 20 years in prison for firing a warning shot over the head of her allegedly abusive husband, have won a new trial for their client. Now they and Alexander are hopeful that a Jacksonville judge will grant her bond. Last September, the 1st District Court of Appeal ordered a new trial for Alexander, stating that the jury had received incorrect directions. A new trial has been set for March 31, 2014.
Alexander’s case garnered national attention after she was denied immunity under Florida’s Stand Your Ground law and was sentenced to a mandatory 20 years under the 10-20-Life statutes for discharging a firearm during certain felonies. She was charged with three counts of aggravated assault with a deadly weapon. The prosecution says that despite her claim that she was only firing a warning shot and that the bullet hit a wall and not the ceiling, that it could have killed her husband, Rico Gray or his children. Gray has two children, both of whom are now in his custody. The couple also has an infant child together. Her attorney was unable to provide information about the whereabouts of the youngest child and who is currently caring for the child.
In court recently, Bruce Zimmet, one of the lead attorneys for Alexander, argued that she poses no threat to society or to her husband with whom she is now finalizing a divorce.
“We were pleased that the appellate court reversed her conviction and allowed for a retrial,” Zimmet said. “We have already had part of the bond hearing and the judge has reserved ruling on bond until we file additional papers that reply to the state’s reply. The judge will then decide if bond should be granted. Of course Marissa wants to get home to her children and we believe that as she has no criminal record except this matter involving her husband, that she should be granted her freedom until the trial.”
Zimmet, a Fort Lauderdale attorney, has been a member of The Florida Bar since 1976 and is a former assistant U.S. attorney for the Southern District of Florida. He is joined by Mike Dowd, a New York-based pioneering attorney in the battered women’s movement. Both have taken on the case pro bono.
“After she was convicted and sentenced in 2012, I was asked to review the case and after looking at the transcript I believed our team could help this woman — a first offender who got a 20-year sentence.”
Husband says Alexander was violent
Alexander’s husband, Rico Gray, recently spoke to members of the media at the State Attorney’s Office in Jacksonville and explained how the events transpired in the August 2010 shooting. He claims it was his wife who first began punching him after he confronted her about texts she had sent to her ex-husband. He says that he was trying to take his two sons away from their home and was getting their things together when he made the remark that their newborn baby must have been fathered by her ex. That’s when he said she uttered several expletives, went to the garage to her truck and returned with her gun. After firing the weapon, he says he grabbed the children and ran.