Marissa Alexander case

In May 2012, 31-year-old Marissa Alexander was prosecuted for Aggravated Assault with a Deadly Weapon and received a mandatory minimum sentence of 20 years in prison.^[1] Alexander argued that she fired a warning shot after her husband attacked her and threatened to kill her.^[2] The case has gained some public recognition because of comparisons made to the widely covered George Zimmerman case, in which Zimmerman was prosecuted for the fatal shooting of Trayvon Martin. Both cases were prosecuted by Florida State Prosecutor, Angela Corey, and in both cases it was often suggested that Florida's "Stand Your Ground" law was implicated.^[1][3]

Background of the case

Marissa Alexander, an African American woman from Jacksonville, FL, reports that, in July 2010, nine days after she prematurely gave birth to her youngest daughter, her estranged husband, Rico Gray, attacked her, strangled her, and threatened to kill her.^[1][4] Women who have been involved with Gray submitted letters in Alexander's trial confirming that Gray abused them, but these witnesses were prevented from testifying.^[5][6] According to Alexander, she tried to escape through the garage, but the garage door would not open.^[4] This account was confirmed by Gray in a sworn deposition,^[6] although investigators found no problem with the door. According to all accounts, Alexander then retrieved her gun from her vehicle and went to the kitchen. She recounts that Gray said "Bitch, I will kill you," an account which was affirmed by one of Gray's sons at Alexander's trial and who was present during this event.^[4][7] Alexander fired what she says was a warning shot, which hit the wall above Gray's head, and deflected into the ceiling.^[8] The single shot injured no one.^[9]

Trials

Alexander, who had no previous criminal record or arrests, sought Self-Defense Immunity prior to trial but was unsuccessful.^[6] State Attorney Corey met with the defendant and offered her a three-year plea deal. Asserting that she acted in self-defense within the bounds of the law, Alexander rejected the offer and took her case to trial.^[4] A jury convicted her in twelve minutes and, because of the Florida 10-20-Life mandatory minimum statute, she was sentenced to a 20 years in prison.^[10] On September 26, 2013, an appellate court ordered a new trial, finding that the jury instructions in Alexander's trial impermissibly shifted the burden of proof from the prosecution to the defense.^[11][12] Alexander was released on bail on November 27, 2013^[13] and required to stay under house arrest.^[14] Corey announced that she intended to re-prosecute Alexander, this time aiming for three consecutive 20 year sentences, amounting to a mandatory 60-year sentence if Alexander is found guilty in a second trial.^[15]

On Tuesday, January 27, 2015, Marissa Alexander was released from a Jacksonville jail under a plea deal that capped her sentence to the three years she had already served. She pleaded guilty to three counts of aggravated assault for firing a shot in the direction of her husband. She also agreed to serve two years of house arrest, wearing an ankle monitor. She will be allowed to work, attend classes and take her children to school and medical appointments. Her case helped to inspire a new state law permitting warning shots in some circumstances.^[16]

Controversy regarding Angela Corey

Corey has been criticized for her handling of the case by Florida Congresswoman Corrine Brown, who argued that Corey overcharged Alexander and the result of Alexander's case was a consequence of institutional racism.^[17] Rev. Jesse Jackson, anti-domestic violence advocates, civil rights groups, and others have also supported the call for Alexander's release from prison.^[18][19] Several groups such as the National Organization for Women and the national advocacy group Color of Change are petitioning and asking for Angela Corey's removal from this case.^[20] The National Organization for Women called for Corey to resign over the case, claiming Corey is "misusing her office and endangering domestic violence survivors".^[21] "The way that Angela Corey has conducted her job … shows her to be a throwback to those Jim Crow era prosecutors and legal authorities – where there were instances of black people needing justice and they could not count on their local government official,I think Angela Corey is a bit unhinged and she’s playing for political points, and she believes she can make this black woman a target and win political points," said Color of Change Executive Director Rashad Robinson.^[20] The Color of Change group is in the process of selecting 100,000 signatures to attempt to remove Angela Corey from this case. They currently have 50,000 signatures. National Organization for Women President Terry O'Neil has said "Any way to get her out of office and for her to stay out of office is the goal. She is either incompetent or just not doing her job correctly."^[20] Angela Corey has defended herself by saying that she believes Marissa Alexander fired the weapon out of anger and not fear, and that she endangered the lives of Gray's two children in the process. Corey said, "She discharged a gun to kill them, and she has to answer for that."^[22]

References