The judge in the case of Marissa Alexander, the Florida mother of three who was sentenced to 20 years in prison for firing a warning shot over the head of her husband, who she claimed abused her, made no decision on whether to release her on bond Wednesday.
Alexander’s attorneys filed the motion for release this week, before Judge James Daniel in Jacksonville. Daniel was the trial judge in Alexander’s original case.
Related: Lawyers: Marissa Alexander’s ex-husband texted ‘if I can’t have you, nobody can.’
In court, they argued that Alexander argued that she poses no threat to society, or to Rico Gray, her husband, with whom she is finalizing a divorce. The lawyers said there is no longer animosity between the two. The state attorney’s office opposed bail, saying there was nothing new about the case, no new evidence, and “nothing new about Marissa” that would indicate she should be granted bond.
Alexander has spent 1,007 days behind bars, including a 365-day sentence on a misdemeanor battery charge stemming from a December incident at Gray’s home, months after the August gun incident.
The two have a daughter, who is three and a half years old, and Alexander has two middle-school-aged twins with her former husband.
Alexander’s conviction was thrown out by an appeals court in September, citing faulty jury instructions.
She was prosecuted by Angela Corey, the state attorney who prosecuted George Zimmerman, who was acquitted in August in the killing of Trayvon Martin.
The judge set a new hearing date for Alexander of January 15th, saying he would decide on bond at another time.
UPDATE: A source close to the case tells theGrio today’s decision is not necessarily a setback, and that there will be additional filings by Alexander’s defense. The source says the judge could still make a decision on bond before the January 15 court date.
Follow theGrio on Twitter.
Follow Joy Reid on Twitter.