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In reply to the discussion: Florida needs to pardon the gal who just got 20 years for firing a warning shot [View all]think
(11,641 posts)29. she's been in jail for 458 days already for a warning shot
she fired to defend herself from an abusive husband who admitted physically abusing her on 5 separate occasions. (I've put the husbands word in bold for emphasis):
Subhash: Will Marissa Alexander Do 20 Years for Standing Her Ground Against an Abuser?
~snip~
Beyond this, the media, even those sympathetic to the case, have focused more on the "stand your ground" and "he said/she said" aspects of the case and have largely ignored the most damning piece of evidence: a November 22, 2010 sworn deposition from Marissa's husband/"crime victim"/alleged abuser (found on here or here). In the 66-page document, he not only admits to abusing her at least five times, he also affirms that Marissa never pointed the gun at him or his children and that he did walk toward her before she shot in the air and began "cursing" at her. Some of the most chilling admissions from her husband are made on page 36 in reference to his state of mind during their August 1, 2010 encounter:
"...I just don't know what would have happened. If my kids wouldn't have been there, I probably would have put my hands on her."
"Probably hit her. I got five baby mamas and I put my hand on every last one of them except one."
"I physically abused them; physically, emotionally, you know, it's like...Me, the way I was with women, they was like they had to walk on eggshells around me. You know, they never knew what I was thinking... or what I might do... hit them, push them."
It is unclear to those of us newly acquainted with the case whether or not a jury ever heard or read those words from the deposition. It is also unclear if her husband ever recanted those statements in court. But even for legal minds that acquired their knowledge through watching <em>Law and Order</em>, it does seem clear that her husband's admissions raise enough reasonable doubt that she did nothing wrong. If you look at Florida's "justifiable force" (what is now know as "stand your ground"
statutes, the intro basically says it all:
~snip
Full article:
http://www.organizingupgrade.com/index.php/blogs/subhash-kateel
~snip~
Beyond this, the media, even those sympathetic to the case, have focused more on the "stand your ground" and "he said/she said" aspects of the case and have largely ignored the most damning piece of evidence: a November 22, 2010 sworn deposition from Marissa's husband/"crime victim"/alleged abuser (found on here or here). In the 66-page document, he not only admits to abusing her at least five times, he also affirms that Marissa never pointed the gun at him or his children and that he did walk toward her before she shot in the air and began "cursing" at her. Some of the most chilling admissions from her husband are made on page 36 in reference to his state of mind during their August 1, 2010 encounter:
"...I just don't know what would have happened. If my kids wouldn't have been there, I probably would have put my hands on her."
"Probably hit her. I got five baby mamas and I put my hand on every last one of them except one."
"I physically abused them; physically, emotionally, you know, it's like...Me, the way I was with women, they was like they had to walk on eggshells around me. You know, they never knew what I was thinking... or what I might do... hit them, push them."
It is unclear to those of us newly acquainted with the case whether or not a jury ever heard or read those words from the deposition. It is also unclear if her husband ever recanted those statements in court. But even for legal minds that acquired their knowledge through watching <em>Law and Order</em>, it does seem clear that her husband's admissions raise enough reasonable doubt that she did nothing wrong. If you look at Florida's "justifiable force" (what is now know as "stand your ground"
~snip
Full article:
http://www.organizingupgrade.com/index.php/blogs/subhash-kateel
Here's the article stating 458 days served already:
http://www.dailymail.co.uk/news/article-2143313/Abused-Florida-wife-sentenced-20-YEARS-firing-warning-shot-husband-Stand-Your-Ground-defence-fails.html?ito=feeds-newsxml
So yes, I believe 458 is more than adequate punishment for firing a warning shot when trying to get a way from an abusive husband in a state especially since the state has a stand your ground law.
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Florida needs to pardon the gal who just got 20 years for firing a warning shot [View all]
think
May 2012
OP
She never left the house. She went into the garage which is attached to the main living quarters
Tx4obama
May 2012
#9
This is more than a bad prosecutor. The law is apparently messed up and the jury made a bad
rhett o rick
May 2012
#10
Hey, complaining about this state's inconsistent legal enforcement has been a crusade of mine.
Baitball Blogger
May 2012
#14
The "warning shot" seems to not have put a bullet through the ceiling, but through a wall.
AnotherMcIntosh
May 2012
#22
IMHO, if a bullet hits a wall near a person with whom the shooter is angry, it is less likely to
AnotherMcIntosh
May 2012
#35