Channel 4 has learned that a trial judge issued an order Thursday to bring Marissa Alexander back to the Duval County jail from a state prison in Marion County.
In 2010, investigators say Alexander and her husband Rico Gray got into a heated argument that ensued over pictures of their newborn baby she had sent to her ex-husband. Alexander says when Gray 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. Detectives said that gun shot was in the direction of Gray and her kids.
It took a jury 13 minutes to convict Marissa Alexander on three counts of aggravated armed assault. Alexander was sentenced to 20 years in prison and has been spending that time at the women’s state prison in Marion county.
“She's a woman of incredible strength and incredible faith," said Alexander’s attorney, Bruce Zimet. "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.”
Leaders of the Florida New Majority, a social justice organization, are pushing for State Attorney Angela Corey to drop the charges against Alexander. The Florida New Majority believes that Alexander was protecting herself and that Gray is an admitted abuser.
Last month an appeals court granted Alexander a new trial, saying the judge committed a fundamental error in jury instructions by transferring the burden of proof that she fired in self-defense from the state to Alexander.
“She deserves a fair trial just like any other person, and the presumption of innocence has returned to her and we believe that a jury that hears the full case and has correct law will hopefully vindicate her and acquit her of all charges,” said Zimet.
Alexander's attorney says she will be moved from Marion County and be back in Duval County within a couple weeks. He plans to file a motion for a bond to be set as she waits for a new trial. A status conference for Alexander’s case is scheduled for October 29.