Delay suggests defense may still hope for negotiated plea deal
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:
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