Seeking Another Stand Your Ground Hearing; Alexander Again Seeks Immunity from Prosecution under State Law

By Hannan, Larry | The Florida Times Union, March 15, 2014 | Go to article overview

Seeking Another Stand Your Ground Hearing; Alexander Again Seeks Immunity from Prosecution under State Law


Hannan, Larry, The Florida Times Union


Byline: Larry Hannan

Attorneys for Marissa Alexander are asking for a Stand Your Ground hearing to argue that she fired a shot at her estranged husband in self defense.

It will be the second time Alexander, 33, seeks immunity from prosecution under the state's Stand Your Ground law, which allows the use of deadly force instead of retreating if the person is afraid for his or her life. A previous claim in July, 2011 was rejected.

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. She was previously convicted of three counts of aggravated assault with a deadly weapon and sentenced to 20 years in prison, but that conviction was thrown out on appeal.

The new Stand Your Ground motion, filed Friday by attorney Bruce Zimet, argues that there is critical new information that wasn't heard in the original Stand Your Ground hearing. It also says the information presented at the original hearing "was at best grossly incomplete."

New evidence profoundly undermines the testimony of Alexander's estranged husband, Rico Gray, and his two children, Zimet said. All three testified in the original Stand Your Ground hearing.

One child completely recanted his testimony while another was revealed to have previously lied to police about a prior altercation involving his father and another woman, Zimet said.

The judge in the original hearing also didn't have the chance to consider evidence of Gray's history of abuse against other women, his intimidation of witnesses and his blaming of his victims, Zimet said.

Evidence will also be introduced at the second hearing showing that Alexander had good reason to believe that serious bodily harm or death at Gray's hand was imminent if she hadn't discharged her firearm.

"When the full evidentiary record is analyzed under the correct statute, Alexander's right to immunity will be clear," Zimet said in his motion. "Alexander therefore respectfully requests an evidentiary hearing to present to the court critical evidence never previously introduced, to be analyzed in the context of the complete factual record and under the correct legal framework."

Officials with the State Attorney's Office, who are prosecuting Alexander, did not respond to phone calls or e-mails Friday.

Alexander was originally convicted in 2012 and sentenced to 20 years in prison, but that sentence was overturned in 2013 when an appeals court ruled that Circuit Judge James Daniel made a mistake in shifting the burden to Alexander to prove she was acting in self-defense. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Seeking Another Stand Your Ground Hearing; Alexander Again Seeks Immunity from Prosecution under State Law
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.