Could charges be dropped against Marissa Alexander?

Updated
This undated family photo shows Marissa Alexander purchasing cosmetics in Tampa, Fla.
This undated family photo shows Marissa Alexander purchasing cosmetics in Tampa, Fla.
Lincoln B. Alexander/AP

Marissa Alexander will have a new opportunity to seek justice after being sentenced to 20 years in prison for firing what she described as a warning shot at her abusive husband.

“She was ecstatic as we all were, and she was grateful to all of her supporters and she’s looking forward to seeing her family and her three children again soon,” Alexander’s attorney, Faith Gay, explained to Rev. Sharpton on PoliticsNation Thursday.

Rep. Corrine Brown, a Democrat who has become one of Alexander’s strongest supporters and also joined the show, called for the charges against Alexander to be dropped entirely.

“We’re very excited that she will get an opportunity for a new trial, but I am hoping that we can get a little mercy,” Brown said. “She has been in jail for three years. She has not spent any time with her baby, and keep in mind when this incident occurred, she–the baby–was eight-days old.”

“When it comes to Miss Alexander, I am hoping that the prosecutor and the community will come together and heal, and drop all charges so she can be home at Thanksgiving with her family,” she added later.

Her attorney echoed that sentiment, saying it is completely within the prosector’s discretion to drop the charges.

“I say ‘Amen’ to having no new trial anywhere,” Gay said to Rev. Sharpton. “I think she’s served enough, she’s been in jail for a long time, and as you point out, no one was hurt, she had a good record, she was an upstanding citizen. It should be over.”

Gay broke down the reasoning behind the appeals court judge’s call for a new trial, pointing out that it was not based on the Stand Your Ground law she was barred from invoking in her defense, but the jury instructions.

“She had been forced to prove her own innocence in this case and in this country we always makes sure that if the government accuses you of a crime, the government has to prove what it said has happened,” Gay explained. “And in this case the government flipped the burden of proof and forced her to prove she was assaulted by her violent ex-husband.”

Brown also took on Stand Your Ground law and mandatory minimums, arguing that Alexander’s case proves Stand Your Ground needs to be “amended.”

“The day that it happened, there was a restraining order against him, so if this isn’t Stand Your Ground, we need a redefinition of what is Stand Your Ground,” she said.

“The judges need more discretion in these case. I mean, 20 years, no prior, masters degree, with a job,” she added later, describing Alexander’s situation.

While she’s hopeful that the charges could be dropped entirely, Alexander’s next step will be to apply for bail, according to her attorney,

“She’s paid a lot for this already,” Gay said.

Could charges be dropped against Marissa Alexander?

Updated