The Marissa Alexander defense team had a terrible, awful, very bad day yesterday in a pre-trial evidentiary hearing. Much evidence that would have been favorable to their case was excluded by the trial judge, and the remaining evidence left undecided also seems unlikely to be admitted. The hearing was live-tweeted and reported on by Larry Hannan of the Florida Times-Union newspaper.
As has become in the norm in many of these cases a great deal of misinformation has been promulgated about this case in an effort to control the public narrative. We have previously debunked much of this in prior posts here at Legal Insurrection, most recently: Three Weird Myths About Marissa Alexander That People Think Are True.
Alexander's defense counsel Faith Gay and Bruce Zimet wished to exclude evidence of Marissa Alexander's domestic assault of Rico Gray. Alexander later pleaded guilty to criminal charges resulting from the case. She also had her bail revoked, and as a result spent several years in jail.
The defense also sought to exclude all evidence recovered by police in the immediate aftermath of the shooting, including the hole in the wall behind Rico Gray's head that puts the lie to the popular "warning shot" narrative.
Finally, the defense sought to admit evidence of alleged prior acts of violence by Rico Gray upon other women with whom he has had relationships.
Arguing against these motions were Assistant state attorneys London Kite and Richard Mantei.
By the time the hearing was finished, the state had won on the first two motions, and seemed highly likely to also win on the third.