Patriots: For over 26 years, your generosity has made it possible to offer The Patriot Post without a subscription fee to military personnel, students, and those with limited means. Please support the 2024 Year-End Campaign today.

October 2, 2013

Marissa Alexander Deserves the Benefit of the Doubt

A year before George Zimmerman was acquitted in the 2012 killing of Trayvon Martin at a townhouse complex in Sanford, Fla., Marissa Alexander was sentenced to 20 years in prison for firing a shot into the ceiling during a 2010 confrontation with her husband at their home in Jacksonville. Since Alexander is black, critics of the Zimmerman verdict cite the contrasting outcomes as evidence of racial bias in the application of Florida’s “stand your ground” self-defense law.

A year before George Zimmerman was acquitted in the 2012 killing of Trayvon Martin at a townhouse complex in Sanford, Fla., Marissa Alexander was sentenced to 20 years in prison for firing a shot into the ceiling during a 2010 confrontation with her husband at their home in Jacksonville. Since Alexander is black, critics of the Zimmerman verdict cite the contrasting outcomes as evidence of racial bias in the application of Florida’s “stand your ground” self-defense law.

The reality is more complicated, starting with the fact that Zimmerman, although frequently described as white, has a Peruvian mother and an Afro-Peruvian great-grandfather. What’s more, Florida’s “stand your ground” law, which was adopted in 2005, played no role in Zimmerman’s defense and was arguably irrelevant in Alexander’s trial, as well. The factor that really mattered is one that Florida’s justice system shares with those of every state: the presumption of innocence. Zimmerman benefited from it, while a recent appeals court ruling suggests Alexander did not.

Last week, in a decision ordering a new trial for Alexander, Florida’s 1st District Court of Appeal said one of Circuit Judge James Daniel’s jury instructions erroneously shifted the burden of proof from the prosecution to the defense. Alexander claimed she fired a warning shot because she feared her husband, Rico Gray, would seriously injure or kill her. Daniel’s instruction implied the jurors could accept that defense only if they concluded beyond a reasonable doubt that Gray was about to commit aggravated battery.

“By including the phrase ‘beyond a reasonable doubt’ when giving the instruction on the aggravated battery prong of the self-defense instruction,” the appeals court said, “the trial court improperly transmuted the prosecution’s burden to prove guilt beyond a reasonable doubt into a burden on the appellant to prove self-defense beyond a reasonable doubt.” The difference is crucial: While Alexander may not have been able to erase all doubts about her account, she had ample evidence to create doubt about the prosecution’s.

Gray had a history of physically abusing Alexander, and on the day of the encounter that led to her arrest, he flew into a jealous rage. In a 2010 deposition, he conceded that “she just didn’t want me to put my hands on her anymore, so she did what she feel like she have to do to make sure she wouldn’t get hurt.”

Later Gray changed his story, portraying Alexander as the aggressor. Circuit Judge Elizabeth Senterfitt apparently believed this version, rejecting Alexander’s motion for immunity from prosecution in a pretrial ruling that copied the prosecution’s narrative almost verbatim.

At that stage, however, the burden was on Alexander to prove her self-defense claim by a preponderance of the evidence. During her trial, the burden shifted to the prosecution, which had to prove beyond a reasonable doubt that she did not act in self-defense.

Hence the jurors, who deliberated for only 12 minutes, could have acquitted Alexander even if they deemed her story less plausible than Gray’s. Similarly, Zimmerman’s acquittal did not necessarily mean the jury was thoroughly convinced his shooting of Martin was justified.

Since Zimmerman claimed Martin tackled and pinned him, he did not assert the right to stand your ground when attacked in public, the defining feature of Florida’s law. Likewise Alexander, who claimed her husband threatened her in the home they shared. Under a decision the Florida Supreme Court issued six years before the state legislature enacted the “stand your ground” law, women in that situation have no duty to retreat, either.

If racial bias played a role in Alexander’s case, the problem seems unrelated to the 2005 changes in Florida’s self-defense law. Data collected by the Tampa Bay Times indicate that since then blacks making self-defense claims have fared as well as whites.

The Alexander case does clearly indict another aspect of Florida law: the state’s absurdly harsh mandatory minimum sentences. Whether you believe her story or not, this woman does not deserve two decades in prison.

COPYRIGHT 2013 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.