The Florida State Attorney, Angela Corey’s office had filed a motion to have Marissa Alexander’s bond revoked saying that her errands appeared to violate the terms of her bond.  Alexander’s correctional service counselor testified Friday that all trips Alexander took were authorized and within scope of the bond conditions.  She also testified that she does not believe there is a risk of Alexander traveling beyond authorization.

Judge James Daniel decided that while he believed Alexander’s errands were beyond the scope of her bond conditions, the trips were not a “willful violation” because she had clearance.  He denied to revoke her bond.  Her trips included shopping and going to the bank.

“This is a situation that has occurred because of a mistake. Simply that and nothing more,” Daniel said.

The prosecutors argued that Alexander showed a lack of proper judgment, recalling that in her first trial her bond had been revoked, “The evidence shows you can’t rely on her.  How many second chances before they’re not second chances anymore?,” Assistant State Attorney Richard Mantei said.  Judge Daniel, however, ruled that no one has the discretion to authorize the defendant to leave on trips other than those laid out in the bond ruling.

Alexander has been out on home confinement bond since November 27th awaiting her retrial.  She is charged with aggravated assault with a weapons enhancement.  She fired a warning shot at her self-admitted abusive husband during an argument in 2010.  No one was injured.  In her first trial, she was found guilty and under mandatory minimum laws got 20 years in prison though she had no previous record.  Her conviction was overturned because of incorrect jury instructions.  Before her first trial she had unsuccessfully argued stand your ground immunity.  Alexander’s case is controversial for many reasons, including mandatory minimums and the stand your ground law.

Her retrial is scheduled for March 31st.

Advertisements

Join the Discussion

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s