An attorney for Marissa Alexander says it could be several weeks before he knows anything definitive about his client’s new trial.
Alexander is currently serving 20 years in prison for firing what she says was a warning shot inside her house during a heated argument with her estranged husband.
Alexander says she was afraid for her life and that she just wanted to scare him off. Prosecutors argued, however, that Alexander had shot at her husband and his two sons.
On Thursday, an appeals court threw out her conviction saying the judge’s instructions to the jury regarding her self-defense claim was improper. Alexander’s attorney, Bruce Zimet, says the ruling has the same effect as hitting a reset button.
“We’re gonna go in front of the judge and make the motion to allow Marissa to be free on bail before her trial. She’s now presumed to be innocent and that presumption will stay with her all the way through the case," he said.
Prosecutors with the state attorney’s office have said they want Alexander to remain behind bars until her new trial.