Marissa Alexander's Retrial Motion Denied | News

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Marissa Alexander's Retrial Motion Denied

JACKSONVILLE, Fla. -- Marissa Alexander learned her numerous motions for a retrial were denied Thursday morning by Circuit Court Judge James Daniel.

A packed Duval County courtroom listened as the judge heard arguments as to why Alexander should be granted a new trial.

Earlier Thursday morning, a group of supporters gathered to hold signs and hope to encourage the judge to grant Alexander a new trial.

Former victims of domestic violence were among the group, which was there to speak out not only on behalf of Alexander, but for other victims of domestic violence as well. Their fear is that by prosecuting Alexander, other victims may become fearful of leaving an abusive relationship or defending themselves.

Marissa Alexander was convicted on three counts of aggravated assault after firing a warning shot at her ex-husband inside their home in August 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. Motions filed by the State Attorney's office state Alexander was the aggressor, not her husband.  However, her defense attorney argues Alexander's ex-husband said he was going to kill her.

Alexander's attorney, Kevin Cobbin, wanted a new trial based on Florida's Stand Your Ground law and said that it should have applied in this case.

Judge Daniel disagreed in making his ruling before a packed courtroom.

After the hearing, Cobbin said the Stand Your Ground law is not always applied fairly.

"The law was made for people like Ms. Alexander. They did not make it for people running around on the streets shooting people. They made it for women in their homes trying to defended themselves against abusive mean men," said Cobbin.

Instead of leaving, Alexander did return to the kitchen and fired a single shot into the ceiling with her ex-husband and his two small children in the room.

State Attorney Angela Corey says she met with Alexander and her attorney before the trial, along with the victims, to personally review the circumstances of the shooting and the self defense claim.

Corey says the defendant, Alexander, was offered a plea deal of three years. Corey said Alexander did not accept the deal.

Prosecutor Nick Lake said following the hearing, "The jury decided she was not in fear when she fired the gun. She went back to his house, alone, and committed a domestic battery on him (ex-husband). 

Marissa Alexander's sentencing has been scheduled for Friday, May 11.  Her attorney, Kevin Cobbin, says he plans to file an appeal following her sentencing.

Alexander faces a sentence of 20 years in prison.


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