Marissa Alexander Denied New ‘Stand Your Ground’ Hearing

Marissa Alexander has been denied a request for a new stand your ground hearing.

The judge found that additional evidence did not warrant another hearing. Florida State Attorney Angela Corey is seeking a 60-year sentence for Alexander, who was convicted of aggravated assault for firing what she said was a warning shot at her abusive husband.

The “Stand Your Ground” law allows for a person to fire if there is “reasonable fear of imminent peril of death or great bodily harm to himself or herself.” Alexander was denied immunity under the law during her first trial.

Alexander was originally convicted and sentenced in 2012 to 20 years in prison for firing a warning shot during a confrontation with her abusive husband, Rico Gray. The conviction was overturned on appeal.

Alexander’s defense team warranted their was new evidence for a Stand Your Ground hearing which included expert testimony on battered woman syndrome and Gray’s history of domestic violence.

However Circuit Judge James Daniel found that “the basic outlines of her claim and Gray’s claim have not changed at all.” He also ruled that the recent addition of a “warning shot” provision to Florida’s “Stand your ground” law could not be applied.

Marissa Alexander’s case is now set to be retried. Alexander faces three counts of aggravated assault with a deadly weapon. State Attorney Angela Corey this time around seeks for a 60-year-old sentence.

Source : Salon