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Marissa Alexander remand for a new trial

6:03 PM, Sep 26, 2013   |    comments
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JACKSONVILLE, Fla. -- The State Attorney's Office called Thursday ruling a legal technicality. Now, the State Attorney's Office said when they retry Marissa Alexander's case they'll present much of the same case they did the first time.

"The facts are facts - facts don't change, so we're going to put the same facts to the law and give a proper jury instruction this time," said Assistant State Attorney David Thompson.

According to this ruling from the first district court of appeals - a Duval County judge didn't instruct the jury correctly. The court today ordered the case remanded to Duval County to be retried.

"It's simply one of those things that if you work in this system long enough you recognize thats a possibility with any case - discouraging no. Unfortunate symptom of the system - yes," said Assistant State Attorney Rich Mantei.

The appeals court found the judge improperly instructed the jury that Alexander needed to prove beyond a reasonable doubt that she was defending herself. The court said defendants have no obligation to prove anything, they just need to raise enough reasonable doubt to convince a jury.

"Its one more step in the process, said Mantei. "Appellate courts are there for a reason."

As for the 20 year sentence Alexander was facing - the state attorneys' office said it's sentence required by the state's 10,20 life sentencing law - and they're ready to apply it.

"The sentence is what the law says what was the appropriate sentence," Mantei said.

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