Marissa Alexander, 33, is currently out on bond while awaiting a new trial on charges of firing a gun at her estranged husband and his two children in 2010. Alexander was charged with three counts of aggravated assault and was convicted on those charges in 2012, but a retrial was ordered last fall after determining that the jury instructions in her original trial were erroneous.
Alexander’s lawyer Bruce Zimet filed motions last month indicating he plans to seek immunity for Alexander under Florida’s “stand your ground” law. If successful, he could prevent the case from going to trial entirely. Alexander sought and was denied “stand your ground” immunity in her 2012 trial, and Judge Daniel indicated in his order for a retrial he agreed with the original decision, but Zimet contends the original hearing “suffered from an incomplete evidentiary record.”
The new Stand Your Ground motion argues Alexander was entitled to not be driven from her home under threat.
“When the full evidentiary record is analyzed under the correct statute, Alexander’s right to immunity will be clear,” Zimet wrote in pretrial motions filed in March. In those motions, he outlined key witness testimony provided by her estranged husband’s son regarding whether or not he had approached Alexander in a threatening manner. Zimet noted in his filings that the son “subsequently recanted his devastating but fictitious testimony” and later admitted his father had “started toward” Alexander while saying the words, “B****, I’ll kill you.”
If Judge James Daniel does not grant immunity, the trial will begin in July. According to The Florida Times-Union, Judge Daniel announced that jury selection will begin on July 21, and he’s pondering the idea of having a sequestered jury.