From Battered Wife to Battered Citizen
Marissa Alexander
Marissa Alexander has gone from being battered by her abusive husband to being battered by an inflexible criminal justice system. But she got some good news this past week.
The Florida Court of Appeals has overturned her conviction and granted Marissa Alexander a new trial. The appeals court cited the jury instructions provided at trial as being fundamentally flawed. The appeals did court upheld the outcome of her Stand Your Ground hearing, so there will not be a new SYG hearing. However, she will get a new trial. Hopefully, this time around, evidence of her husbands abuse and prior behavior with other women will not be kept from the jury, as it was in her first trial. The press release by her attorneys can be read here.
At her trial, volumes of mitigating and exculpatory evidence were withheld from the jury. Her husband Rico had tried to frame two different partners previously. Not admissible. Rico had beaten Marissa into the hospital previously. Not admissible. Rico had a long history of violence against women. Not admissible. Rico had a restraining order against him and if he had obeyed it none of this would have happened. Not admissible. Rico's testimony was purchased by the prosecution by not trying him for violating the restraining order Marissa had against him. Not admissible. All of the women in his prior relationships had lived in terror of this man. Not admissible. Marissa was an excellent shot and could have riddled him with bullets. Not introduced. Marissa most likely was suffering from post partum depression, traumatic brain injury, and or post traumatic stress disorder. Not introduced. Under Florida 's
mandatory minimum sentencing laws, Marissa received a sentence of 20 years in
prison. Ironically, she might have received a lesser sentence under Florida law if she had
actually killed Gray and been convicted of manslaughter.
Whether conservatives want to address this case on the issue of SYG application in domestic violence cases, ameliorating unintended mandatory sentencing impacts or exploring concerns of racial disparity in the application of SYG statutes, conservatives should engage and courageously dialogue with black voters around these and other issues of criminal justice reform when legitimate issues are raised.
The Florida Court of Appeals has overturned her conviction and granted Marissa Alexander a new trial. The appeals court cited the jury instructions provided at trial as being fundamentally flawed. The appeals did court upheld the outcome of her Stand Your Ground hearing, so there will not be a new SYG hearing. However, she will get a new trial. Hopefully, this time around, evidence of her husbands abuse and prior behavior with other women will not be kept from the jury, as it was in her first trial. The press release by her attorneys can be read here.
At her trial, volumes of mitigating and exculpatory evidence were withheld from the jury. Her husband Rico had tried to frame two different partners previously. Not admissible. Rico had beaten Marissa into the hospital previously. Not admissible. Rico had a long history of violence against women. Not admissible. Rico had a restraining order against him and if he had obeyed it none of this would have happened. Not admissible. Rico's testimony was purchased by the prosecution by not trying him for violating the restraining order Marissa had against him. Not admissible. All of the women in his prior relationships had lived in terror of this man. Not admissible. Marissa was an excellent shot and could have riddled him with bullets. Not introduced. Marissa most likely was suffering from post partum depression, traumatic brain injury, and or post traumatic stress disorder. Not introduced.
Call to Action for Conservatives and the GOP
This is not a Black-White issue, as the Martin case has
become. Although she is Black, domestic abuse is not a social condition that
only impacts minorities or the poor. Domestic abuse cuts across socioeconomic
lines to remain the “dirty little secret” costing Americans thousands of broken
lives and $700 million in lost business productivity annually.
For conservatives that regularly talk about the impact of
the family on America’s future and the waste of resources as we struggle
to revive our economy, the Alexander case highlights much of what we stand for.
What conservatives should do:
- Respectfully call on the Florida Asst. Attorney General's office to reconsider and withdraw the states resistance to Marissa's appeal
- Raise/contribute money to support court costs. Her lawyers are working pro bono.
- Collaborate with African American community organizations and citizens to analyze, investigate and craft criminal justice system reforms
- Support sensible reforms to mandatory minimum sentencing laws
Whether conservatives want to address this case on the issue of SYG application in domestic violence cases, ameliorating unintended mandatory sentencing impacts or exploring concerns of racial disparity in the application of SYG statutes, conservatives should engage and courageously dialogue with black voters around these and other issues of criminal justice reform when legitimate issues are raised.
African Americans have frequent contact with the criminal
justice system as both victims and defendants. Criminal justice reforms are an
issue of significance to this voter segment. African American voters are
as interested in appropriate sanction for crime as much and perhaps more than
other communities. However, the African American historical and current
experience of the criminal justice system is replete with examples of justice
denied or injustice imposed by a legal system whose judgments they are bound to
respect.
That ongoing experience makes this voter segment very
sensitive to criminal justice reform issues. As conservatives who are
traditionally concerned with the rule of law, this is a sound foundation and
opportunity for engagement with black voters on the fair and equitable
administration of justice. If we are serious as conservatives and as the
republican party about winning support from African American voters, then we
must get into the thick of gateway issues such as criminal justice reform, in
the very same manner that we have determined we must engage on immigration reform in order to get a
hearing on our ideas from the Hispanic community.
Its been said that in life, eighty percent of success is just showing up. So too with politics. Democrats understand this well. Where are the conservative faces and voices on Marissa's behalf? African American voters pay attention to who stands with them in response to real or perceived injustice. Conservatives need to show up.
Its been said that in life, eighty percent of success is just showing up. So too with politics. Democrats understand this well. Where are the conservative faces and voices on Marissa's behalf? African American voters pay attention to who stands with them in response to real or perceived injustice. Conservatives need to show up.
