Marissa Alexander back in Jacksonville for re-trial

Published On: Oct 28 2013 03:21:53 PM EDT
Updated On: Oct 28 2013 03:25:22 PM EDT
Marissa Alexander

Jacksonville Sheriff's Office booking photo of Marissa Alexander

JACKSONVILLE, Fla. -

The woman whose denial of a stand-your-ground defense and 20-year sentence sparked nationwide protest is back in the Duval County jail awaiting a new trial.

Marissa Alexander was transferred from the women's prison in Marion County to the Jacksonville on Monday.

Last month, an appeals court found the trial judge committed fundamental error in jury instructions and granted Alexander a new trial.

The mother of three was convicted for a 2010 incident with her estranged husband. Alexander says when her husband came at her and pushed her, she went to the garage but couldn't get the door open, so she grabbed her gun, went back inside and ultimately fired a warning shot into the wall. Prosecutors said that gunshot was in the direction of her husband and her kids.

It took a jury 13 minutes to convict Marissa Alexander on three counts of aggravated armed assault and she was sentenced under Florida's statute that requires a 20-year sentence for a crime that involves firing a gun.

Alexander is being held without bond while she awaits the new trial, but her lawyer says he plans on asking the judge to grant bond.

"She's a woman of incredible strength and incredible faith," said Alexander's attorney, Bruce Zimet, said after the appeals ruling. "She comes from a military family, so she's certainly conditioned and believes in the sanctity of our system, and although she's had to endure quite a bit in prison, she also believes she will be vindicated and be able to get back to her family."

Supporters have sent hundreds of letters to the state attorney's office asking them to dismiss Alexander's case. The state attorney issued a statement saying, "The SAO will continue to pursue justice for our two child victims and their father who were endangered by the shot the defendant fired at them."

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