Some good news. Marissa Alexander is going to get a new trial. An appeals court judge ruled that the trial court had essentially forced Marissa to prove her innocnese as opposed to the state proving her guilty.
Judge James H. Daniel wrote for the unanimous state appelate panel in Florida.
“The defendant’s burden is only to raise a reasonable doubt concerning self-defense...The defendant does not have the burden to prove the victim guilty of the aggression defended against beyond a reasonable doubt.”
Judge Daniel also said that Alexander should not have been required to prove that she had been injured by her husband (as a justification for using deadly force in self-defense), since he had not been injured by the shooting. Marissa fired the shot into the ceiling, not him.
He ordered a retrial. A separate proceeding would determine whether Alexander could be released on bail pending that trial.
Every additional day is jail which Marissa spends is plain wrong. Every day she has spent in jail has been because she defended herself against abuse.
It is as simple as that and virtually everyone knows that.
So why is she still sitting behind bars.
REMEMBER: THIS IS NOT OVER
State Attorney Angela Corey has pledged that she will retry the case. "The defendant's conviction was reversed on a legal technicality," said a statement released by Corey's office. "The case will be back in Circuit Court in the Fourth Judicial Circuit at the appropriate time."
On the same day that news broke about a new trial for Marissa, a curriculum for those who want to offer teach-ins about her case and others like it was posted on line by Project NIA. For Scission Prison Friday, I am passing along that curriculum right here, right now.