Prosecutors want to send a Florida mother who unsuccessfully used a "Stand Your Ground" defense in 2012 back to jail after accusing her of repeatedly "flouting" the conditions of her bond by running errands.
Marissa Alexander was sentenced to 20 years in prison for firing a warning shot in an effort to scare off her allegedly abusive husband. A jury convicted her of aggravated assault after just 12 minutes of deliberation. An appellate court ordered a new trial for Alexander in September of last year because it determined the instructions given to jurors on self-defense were erroneous. Alexander was then released from jail and placed on house arrest in November.
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As part of her home detention, Alexander is not "allowed to leave her residence except for court appearances, medical emergencies, and to satisfy any requirements of her pretrial services programs (such as providing a drug test)," according to a motion filed by the state of Florida on Monday.
The state also said in the motion that Alexander has "flouted" the conditions of her bond in order to "go shopping for clothes; ferry family members to and from such places as the hair shop and airport; visit the bank; collect funds to give to her bond agent; get estimates for getting her vehicle repaired; get new glasses; get a new driver’s license; and travel to the office of a former attorney. During one such sojourn, Defendant went to the residence of the brother of the victim in this case. Defendant neither sought nor obtained permission from the Court for any of the above."
Alexander's lawyers shot back the following day, saying in a motion that a Correctional Service Counselor had approved all of her trips.
The State blasted this defense in a response filed Wednesday, saying, "In fact, the Court is the 'agency' which determines whether Defendant's actions -- 'approved' or not -- comply with the orders and the Court gave no such approval."
The State also alleged that Alexander, who "has been given yet another chance by this Court... carries forth the theme that [she] behaves as she desires, not as the law requires. No individual of common sense -- let alone a person whose bond has been revoked before -- would think it permissible to seek 'approval' from anyone other than the Court to knowingly violate a Court's direct and explicit order."
The State additionally accused Alexander of trying to hide her behavior and said she knew she was in the wrong because she stopped making trips after inquires were made into her behavior.
"While the Defendant may have preferred her behavior to remain undisclosed, it should not remain unsanctioned," the state said in the motion.
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Alexander made headlines in the wake of George Zimmerman's acquittal last July in the death of Trayvon Martin. Many wanted to know why the mom of three was sentenced to so much time while Zimmerman, who never asked for immunity under Florida's "Stand Your Ground" laws, walked free.
Alexander said her husband, Rico Gray, tried to strangle her on August 1, 2010, after reading text messages she had sent her ex-husband. She said she escaped his grip and, instead of leaving out the front door, went into the garage to get into her car. But in the confusion of the fight, Alexander said she forgot her keys and ran back into the house with a gun.
Gray saw the weapon at his wife’s side when she returned, according to Alexander, and continued to threaten her life. That’s when she said she decided to fire a warning shot.
In a deposition with the State Attorney’s Office, Gray even backed up his wife’s story. But in a hearing to dismiss Alexander’s case under the “Stand Your Ground” law, Gray changed his story, saying he lied to protect his wife.
"I begged and pleaded for my life when she had the gun,” Gray said.
Under Florida's version of the "Stand Your Ground" law, "a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."
The judge refused to grant Alexander immunity under the "Stand Your Ground" law. Alexander also rejected a plea deal of three years in prison, opting instead to take her case in front of jurors.
Under Florida’s 10-20-life law, Alexander was sentenced to a mandatory 20 years behind bars because she was convicted of aggravated assault where a firearm was discharged.
A new bond hearing for Alexander has been scheduled for Friday, according to HLN affiliate WAWS.