Florida news outlets — including First Coast News — are reporting  today that Marissa Alexander has had her re-trial delayed until July 28.

The re-trial had been scheduled to being in March.  The delay was the result of a motion by the defense.

Given that it seems most unlikely any new evidence or legal arguments will develop in that additional time, the four month delay suggests the defense may attempting to buy time to negotiate a plea agreement.  Should Alexander be retried on the same evidence as was presented at her first trial, a re-conviction seems all but unavoidable.

In 2012 Alexander was convicted of three counts of aggravated assault for firing a bullet past the head of her estranged husband and his two minor children.  Under Florida’s “10-20-Life” law requiring mandatory minimum sentences for the use of a gun in a crime, she was sentenced to 20 years in prison.

An error in the jury instructions on self-defense at her trial won her the re-trial now delayed until July.

The case of Marissa Alexander has been covered extensively here at Legal Insurrection, including in these prior posts:

Sheriff’s Office Takes the Heat for Marissa Alexander Bail Kerfuffle

Marissa Alexander Remains on Bail, Under Tightened Conditions

To Revoke, or Not To Revoke: Marissa Alexander Bail Hearing Tomorrow

Angela Corey Seeks Revocation of Marissa Alexander’s Bail

Marissa Alexander Released on Bail

No Bail for Marissa Alexander, Case Held Over Until January

Marissa Alexander’s Bail Hearing in “Warning Shot” Case Delayed To Next Week

The Myth of Marissa Alexander’s “Warning Shot”

Marissa Alexander Wins a “Do-Over” in Florida “Self-Defense” Case

The Marissa Alexander Case Wasn’t About “Stand-Your-Ground” Either

–Andrew, @LawSelfDefense


Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog, Amazon.com (paperback and Kindle), Barnes & Noble (paperback and Nook), and elsewhere.