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

Marissa Alexander will learn on Friday if her current bail and home detention will be allowed to continue, or if it will be revoked, sending her back to jail until her re-trial.
Alexander is currently on bail following her earlier conviction for aggravated assault with a handgun and the resulting mandatory minimum sentence of 20 years under Florida’s “10-20-Life” statute.  Her defense to the charges seems to be largely based on the notion that she “only fired a warning shot,” a claim we’ve previously shown to be disingenuous here:

The Myth of Marissa Alexander’s “Warning Shot”

As I’ve previously commented, Alexander never struck me as a reasonable candidate for bail, given her previous conduct while on bail (e.g., committing battery against her husband, Rico Gray, while under an order of protection to remain away from him) resulting in that earlier bail being revoked. See my previous commentary on the subject of Alexander’s bail here:

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

Marissa Alexander Released on Bail

Nevertheless, On November 27, 2013, Circuit Judge James Daniel elected to grant Alexander bail again, albeit while noting that “the prior judge appropriately revoked the Defendant’s bond” and that “it is not this court’s customary practice to allow continued pretrial release for defendants who commit a crime while they are out on bond awaiting trial.”

As part of that bail arrangement, however, Judge Daniel imposed a number of stringent conditions, including the following:

  • 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 condition.

(The full text of Judge Daniel’s order granting bail can be read here.)

Outraged State Prosecutors File Motion to Revoke Alexander’s Bail

On Monday, January 6, 2014, however, the State filed a motion to revoke Alexander’s bail on the grounds that she has been egregiously violating the conditions of her bail. In their motion, the State notes that:

Beginning December 6, 2013 (mere days after being released), and continuing on multiple dates (December 6, twice on Dec. 9, Dec. 12, 13, 15, 16, 17, 18, and Dec. 20, 2013) (nine days in a 14- day span), Defendant repeatedly flouted the above-referenced conditions. She did so in order to, inter alia, 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.

(The full text of the motion to revoke bail—written by our old friend from the Zimmerman trial, Assistant State Attorney Richard Mantei—can be read here.)

To read my full analysis, hop on over to my post on Legal Insurrection:

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

–Andrew, @LawSelfDefense, Law of Self Defense Facebook
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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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