Source: Irin Carmon/MSNBC.COM
Florida’s controversial Stand Your Ground law will once again be no refuge for Marissa Alexander, the Florida woman who fired what she said was a warning shot near her abusive husband, Rico Gray, and his two sons.
On Friday, Circuit judge James H. Daniel denied her request for a new hearing to seek immunity from prosecution under the law, finding that the legislature’s June revision to include such warning shots ”cannot be applied retroactively” for a new Stand Your Ground hearing.
One of her attorneys, Buddy Schulz, said in a statement to msnbc, “We’ve received Judge Daniels’ order and are in the process of reviewing his decision. We deeply appreciate the time and thought that Judge Daniel continues to give to the numerous complex and difficult issues in Marissa’s case.”
Alexander was denied immunity from prosecution at her first Stand Your Ground hearing, where a judge found ”insufficient evidence that [Alexander] reasonably believed deadly force was needed to prevent death or great bodily harm to herself.” She was later convicted of aggravated assault and sentenced to twenty years.
Judge Daniel had previously granted Alexander a new trial on the basis of improper jury instructions. Her attorneys also sought a new Stand Your Ground hearing, which if ultimately successful would have set Alexander free without a trial. They argued that the “warning shot” law had changed the terrain and that there was new evidence. But Daniel said that the evidence – which included one of Gray’s children recanting his testimony, expert testimony on “battered women’s syndrome,” and Gray’s long pattern of domestic violence, lying to law enforcement, and instructing his children to lie to law enforcement — didn’t meet the legal standard to merit a new hearing.
To read the article in its entirety visit MSNBC.COM