By Mark Esposito, Guest Blogger
Angela Corey has become a minor legal celebrity for her tough-minded prosecution of the Trayvon Martin murder case. Her toughness has also drawn the ire of U.S. House member Corrine Brown in a racially charged case in Jacksonville. The case involves Marissa Alexander who was charged under Florida’s “10-20-life” law which mandates progressively tough penalties for violent felonies when firearms are involved.
Saying he had no choice, Judge James Daniel sentenced the mother of an 11-year-old to 20 years in prison after a jury convicted her of aggravated assault for firing a warning shot to discourage her estranged husband from choking her. In a cruel irony another judge had rejected Alexander’s invocation of Florida’s “Stand Your Ground” law, ruling she wasn’t in fear for her safety when she returned to her house to get the car keys she had forgotten after she ran into her garage in an attempt to escape.
The prosecutor was singled out for failing to exercise discretion in the case. “There is no justification for 20 years,” Brown told Corey, “All the community was asking for was mercy and justice.”
Corey had offered Alexander a plea deal which carried a three year sentence. Alexander bet on the good sense of the jury, and crapped out. Judge Daniel seemed frustrated by the case:
“Under the state’s 10-20-life law, a conviction for aggravated assault where a firearm has been discharged carries a minimum and maximum sentence of 20 years without regarding to any extenuating or mitigating circumstances that may be present, such as those in this case.”
Rep. Brown was not so diplomatic saying, “She was overcharged by the prosecutor. Period. She never should have been charged.” Brown, the Jacksonville congresswoman, told reporters that the case was a product of “institutional racism.” Corey said the case deserved to be prosecuted because Alexander fired in the direction of a room where two children were standing.
Mandatory minimum sentences ignore mitigating factors and punish under a “bright-line” test. They are the darling of the “law and order” crowd who see the world in stark shades of black and white and who eschew any discretion for “lily-livered” judges who have the disturbing habit of mixing compassion and justice in sentencing decisions.
Proponents of the 1999 “10-20-life” law point to the fact that violent gun crime rates have dropped 30 percent statewide since the law was enacted. Is 20 years fair for a woman trying to defend herself? Should the prosecutor have heeded Rep. Brown’s suggestion and backed off the charges altogether? Can a law be just in the face of a result that flies in the face of “natural justice”?
Source: CNN
`Mark Esposito, Guest Blogger
Lottakatz, Florida Code 776.032 says that the immune-from-prosecution person shall be compensated “if the court finds that the defendant is immune from prosecution as provided in subsection (1).” This presumes that a court gets a chance to make a determination. That would happen, of course, if a suspect was arrested and then his counsel filed a motion to dismiss the charges and that motion was granted.
Do you really believe that “The prosecutor was probably right in not charging Zimmerman but this prosecutor, Corey, looks like she used her discretion to charge Alexander under different and harsh statutes-“?
I’m not challenging your opinion if that is your opinion, I just wonder if I have misunderstood you. Are you saying Wolfinger, the original prosecutor, was “probably right in not charging Zimmerman”? Because this prosecutor, Corey, DID charge Zimmerman. (By the way, I am inferring from Corey’s recent comments to the press on the Alexander case, that she used her presumption of “anger” in Alexander’s state of mind as the reason for her charge. That would play quite a bit into my personal theory that American courts do not want WOMEN to be angry, regardless of what else happens.) Women are allowed to be sad, mournful, hurt, good, frightened, and a host of other emotional descriptors, but once they’re ANGRY, they lose.
The SYG law deals specifically with decisions, highly subjective perceptions and conclusions, in the moment. It does not require that the person using force to flee, to not engage in lesser initial actions, to not re-engage once free of the initial confrontation. Any talk at trial or considerations by judges about garage doors being operational or going back into the house or fleeing or any violence/bad acts after the fact (or before) was out of place, immaterial in the face of the plain language of the SYG law.
The prosecutor was probably right in not charging Zimmerman but this prosecutor, Corey, looks like she used her discretion to charge Alexander under different and harsh statutes- she was looking for a scalp. It’s been my contention from the first time I read this story that Alexander’s first and most damaging mistake was to not kill her ex. It would have left the judge with less discretion.
The 2011 Florida Statutes
Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE View Entire Chapter
776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.
History.—s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27.
The 2011 Florida Statutes
Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE View Entire Chapter
776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
History.—s. 4, ch. 2005-27.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.031.html
Oh, yes. The girls of Israel remind me of my first encounter. !967, just before the war there. Was that thanks to the military service or the rigors of a warm climate or just natural. Just as some other are fortunately.
The ladies of Thailand are almost hairless. Nothing like world traveling, ehhh?
Befor that WAS….
Well, ask that of the models, sellers of ladies’ electrics, and fashion industry.
It wasn’t I. The reminder of the pubis was quite fine I thought.
Before that is thrown away bra and nipples away.
Omost provoking in some women collegues and other’s wives at parties.
Idealist, you used a phrase: “the really hard feminists of the 80′s”
???
They WOULD not shave under their arms? Had anyone asked them to?
Baring her and her children’s hearts were also jumped on.
We used to have the “solid south” (D). Now it’s the media.(R)
But still think Pentagonorrhea is best. Was that Frankly?
OT speaking of press judged outré: Here the really hard feminists of the 80’s would not shave under their arms.
Cured a lot of rashes that way.
Michelle Obama exercised her right to bare arms one time and the media jumped all over it.
Local news coverage: http://www.news4jax.com/news/20-year-sentence-for-firing-shot-sparks-outrage/-/475880/13071700/-/131vu9cz/-/index.html
Film by CNN about case. http://crooksandliars.com/nicole-belle/stand-your-ground-only-if-youre-white
And I dig that about you. 😀
I’m hip.
Malisha,
It’s not just right now.
Anon, you’re just not getting past the idea that I condemned all men because of the actions of this one of them, this Rico Grey guy. I’m not gonna keep going back and forth about it. Your carryings on about the evil women of the world is not relevant to what I said about the thing to start with, which you misunderstood and got your back up about and so forth, so I’m leaving it alone because this is really not about [men are bad] versus [women are bad]. This is about [victims are allowed to defend themselves] versus [perps get to abuse people and then blame them for it, or not]. I could line up about 100 men right now, my son being among them, who could decide to try to convince you that I said what I said and not what you heard, but I don’t care about it any more. The Talmud says “We see things not as they are, but as WE ARE,” and I think you’re just too defensive right now to see me wherever I am.
Shano,
Just peeped by. My eyes are tired. One AM.
Why not perfect SYG? Good question. A fair question.
But for the simple reason that she is black, guilty of having that scoundrel around her home, and a women with a gun—-that’s a MAN’s privilege.
And of course NO MAN would allow the presence of children to prevent mayhem or even murder. Stats incontrovertably show that—-and that was a long hard word to spell at this hour. But it was worth it.
So many STRAW MEN to be demolished, and the culture can’t handle it. Then the culture is diseased. And so thus must all men be, in spite of polite protests from ANON (hear me?) and others who shirk their god-given task to be responsible for their “dicky” brothers.
And the black men can take this as criticism and a challenge. Crucifying me won’t solve anything. So stand up next time. Don’t call the cops, just beat the s..t out of Brother XXX. The word will go around that such will not be tolerated among the brothers any more. You hear me, they could say. Damn right, brother. We protect our sisters here.
That is how justice is usually meted out to our former slaves, and some never forget that they were, particularly in Florida, just to cast some shit—–or what say MikeS?
@Malisha,
“Well, first of all, his constant description of himself — which as I predicted DID bring you to the conclusion that he was a complete and utter asshole ”
Sorry, I got that mostly I think from Shano’s description of him, and this is one of those times I can’t figure out what you are saying at all, mostly.
“Some men, and you call them assholes, and I call them abusers, feel that they are well within their prerogatives, “being men,” to behave this way.”
Some women, and lots of people male and female call them cunts and bitches, but actually I never do, feel they are well within their prerogative to abuse men, to make false accusations of domestic violence, or even of rape, to gold dig and manipulate, to cheat and cheat and cheat again. To ruin marriages, to sleep with children.
They think they can do that as part of being part of womankind.
I see these women as assholes, but I don’t think it means that all women are assholes or even most women are assholes.
Regardless, I hear many other women, engineers, dentists, housewives, feminists, just call these women cunts and bitches.
I dunno. I don’t think Rico Grey is representative of men, and I don’t think Gene H is representative of lawyers. Okay, I take that last part back. He’s a dipshit.
Rico Grey’s son changing his story at trial doesn’t surprise me. He would have a problem, I think, if he were to testify in a way his father didn’t like. He sees how that can go.
Dredd, almost all of your posts open doors to me to read, study and think about things. This last one even more so than before. I think you have nailed it, and this is something that I have been struggling with for a long time. I think you have nailed it.
If making complaints about mistreatment can backfire so often and so horribly, then people will get to the point where they will do almost ANYTHING ELSE rather than make the complaint, get themselves into the system, and allow themselves to be mauled. I believe that’s it. Wow…thank you.
Anon, you say:
“This guy is a complete and utter asshole.
I fail to see how he is representative of “Men”.
I do wonder how he is so successful in partnering with women. What’s up with that?”
Well, first of all, his constant description of himself — which as I predicted DID bring you to the conclusion that he was a complete and utter asshole — as being “mad” and not backing down and insisting on his wife talking to him when HE WANTED and him THROWING HER and him LOCKING HER OUT and him BEATING HER and him ADVANCING ON HER with the intent to HURT HER, and his self-described behavior with the other baby-mamas, does not have any hint, in it, of remorse or shame. Not even a tinge of embarrassment. No comments like, “I did try to not hurt her but…” or “I really messed up…” or “She should’ve known I wasn’t really going to hurt her…” or anything like that. Just, “she made me mad” so “I did this, I did that.”
It was PRIVILEGE.
He was talking as if it was HIS RIGHT to behave that way.
He was describing his actions as if they were OK.
He was saying, in his way (and this is the way of those men you call assholes and I call abusers) that he was just “being a man.” See, his kind of asshole thinks that being a man entitles him to judge “his” woman and to discipline “his” woman if he wants to. He really believes that. THAT is half the problem with men like him. And yes, they do give others of you a bad name, but they do NOT think that they are doing something inherently wrong, they think they are just “being a man.”
Most women who are abusive won’t tell it openly and boldly like that. They won’t brag about it. They won’t say, “I have had four husbands and I beat every one of them except one.” They will not imagine that it is their privilege to be that way. If they ARE that way they will at least try to hide it because they will understand that it is NOT OK.
Some men, and you call them assholes, and I call them abusers, feel that they are well within their prerogatives, “being men,” to behave this way.
That is what I was saying when I said he spoke about these things as if it was just “being a man.”
I heard one man justify why he had beaten up his girlfriend. He said that it meant nothing, he still loved her. He said that he had given his brother-in-law permission to beat up his own sister if he felt like he had to. He said, “You know, a man can really get mad sometimes and there just has to be a way to show it, but it doesn’t mean he doesn’t still love his woman.”
That is the kind of thing some “assholes” believe. If this man was not ashamed of his behavior, and said his wife should only have gotten three years rather than 20 for what she did to defend herself from him, you can see that he has a distorted view of reality and a sociopathic view of other people’s rights. I can’t see, with him admitting to so much violence and psychological impairment, why they let him keep that infant, who is obviously not in a very safe home.
http://loop21.com/life/angela-corey-marissa_alexander-stand-your-ground?page=2
““What we’re saying is that she did it out of anger, not fear,” Corey said. “Her words proved that and her actions proved that.”
Corey went on to say, “Once someone doesn’t get the result they want, they shouldn’t get to whine about it and complain.”
Imagine that! WOW what a callous thing to say to a woman who is looking at 20 years for an incident where no one was scratched!
“A source with second-hand knowledge of the negotiations said Corey’s office is not being completely forthcoming about the conditions of the offers, which Corey characterized to Loop 21 as generous. Cobbin declined to speak about the negotiations.
Marissa’s ex-husband Lincoln Alexander put Loop 21 in contact with Marissa on Monday night. From a jail phone, Marissa issued the following reaction to Corey’s words:
“Angela Corey is unfortunately getting bits and pieces from somebody who prefers to pervert justice, which is Rico Gray,” Marissa said. “I find it very difficult for her to believe anything that he has to say. That’s pretty much where she’s going wrong, to begin with.”
Corey maintains that she had always advocated for Gray’s two sons, who were present during the 2010 shooting incident. Both initially testified that they feared for their safety, but the eldest son later changed his account at trial.”