Marissa Alexander has been released on bail, according to widespread news reports.  The conditions of her release are stringent, although not overly so for someone who has never been a very appropriate candidate for pre-(re-)-trial release.  Alexander had been previously convicted of aggravated assault with firearm enhancement under Florida’s 10-20-Life law, resulting in her 20-year mandatory sentence, after rejecting a 3-year plea deal.  Among the bail conditions:

  • Remain under the supervision of the pretrial services program at all times
  • Subject to electronic monitoring through the CTC at all times
  • Remain on home detention until completion of her case and will not be allowed to leave her residence except for court appearances, medical emergencies and to satisfy any requirements of PSP or the CTC
  • Report all required court appearances and all required appointments with he PSP or its designated service provider
  • Alexander cannot change her residence without prior notice and approval by the PSP or its designated service provider
  • Cannot have contact with, nor communicate by any means with Rico Gray, Sr., Pernell Gray and Rico Gray, Jr.
  • Alexander shall abide by all court orders in the divorce proceedings involving Rico Gray, Sr., including all orders that pertain to child custody, exchange of child custody for visitation shall be facilitated by a third party
  • Alexander shall not possess any firearms, nor shall there be any firearms in her residence at any time during her pretrial release
  • Shall not consume any alcoholic beverage or drug not prescribed by a physician
  • Must abide by all rules and regulations for the PSP and the CTC including random drug testing
  • Alexander shall be subject to warrantless searches of her residence by CTC officers or any JSO officer conducting such a search at the direction of CTC personnel, to ensure compliance with her pretrial release conditions

The actual court order granting bail can be read here:

The fact that the court was willing to grant bail (and the language of the order granting bail makes clear that doing so in a re-trial case following a prior conviction is not the norm), and that the prosecution did not argue with sufficient vigor to defeat the motion for bail, reinforces my belief that Alexander is not going to be treated with a lighter hand than the law allows.

In addition, the fact that bail was granted reinforces my expectation that Alexander will again be offered a plea deal, this time for (mostly) time served–and if she’s got the smarts of even a turnip she should grab the offer with both hands.

For previous reporting on the Marissa Alexander case on Legal Insurrection see:

No Bail for Marissa Alexander, Case Held Over Until January (11/13/13)

Marissa Alexander’s Bail Hearing in “Warning Shot” Case Delayed To Next Week (11/8/13)

The Myth of Marissa Alexander’s “Warning Shot” (9/27/13)

Marissa Alexander Wins a “Do-Over” in Florida “Self-Defense” Case (9/26/13)

The Marissa Alexander Case Wasn’t About “Stand-Your-Ground” Either (7/17/13)

Alexander’s re-trial, should it occur, is currently scheduled to begin March 31, 2014

–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, (paperback and Kindle), Barnes & Noble (paperback and Nook), and elsewhere.

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