The re-trial for Marissa Alexander has been delayed until December 1.
Alexander’s trial was set to begin on July 28, however the state of Florida is currently waiting to hear from Governor Rick Scott. Alexander was released after a court overturned her conviction.
[Alexander’s representatives] argue Alexander acted in self-defense when she fired a gunshot in the area of her estranged husband and his two kids.
“The case was reversed on appeal. So it’s a unique situation. It’s not a situation where every defendant who’s convicted is going to get a new hearing,” said Faith Gay.
Prosecutors have argued that not enough new evidence has been presented to warrant a second “Stand Your Ground” hearing for the same defendant.
Duval County Court Judge James Daniel heard oral arguments on the matter previously and was expected to rule on the “Stand Your Ground” issue Tuesday morning.
However, all parties agreed it’s too soon to consider a piece of legislation Governor Scott has not even signed yet. “I don’t believe we can really try this case until the dust settles,” Daniel said.
Defense attorney Bruce Zimet added outside the courthouse, “It would be silly to have the judge make a ruling then the law changes 30 days later and impedes on a jury trial.”
Now, Alexander must wait even longer to have her day in court. But Zimet said it will be well worth her time.
Alexander used the infamous “Stand Your Ground” defense after she was arrested for shooting a gun in the air in an attempt to defend her two children and herself from her estranged husband.Alexander’s defense team hopes that the new “Warning Shot Bill,” should it be signed by Governor Scott, be applied retroactively to Alexander.
We will continue to follow this story.
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