Florida State Attorney Angela Corey's office is attempting to return Marissa Alexander to jail as she awaits a second trial for firing a "warning shot" at her abusive husband in August 2010.
Alexander was released on bail Nov. 27, two months after a state appeals court overturned her conviction and 20-year sentence.
Corey is attempting to win a second conviction against Alexander on aggravated assault charges, which come with a mandatory two decade sentence in Florida when a gun is involved.
In a Monday court filing, Corey's office alleged Alexander "repeatedly flouted" the conditions of her bail by making shopping trips and ferrying family members to various destinations.
"She continues to demonstrate her utter disregard for conforming her behavior to the rules of others," the filing claimed.
Alexander's attorney Bruce Zimet responded in a Tuesday filing, saying his client received express permission from her correctional service counselor for each visit cited as a violation.
Zimet says the supervising officer, a 17-year veteran of the Jacksonville Sheriff's Office, told Corey's office she granted Alexander permission to make the trips and provided her rationale for approving each trip.
Corey's office "failed to include those exonerative facts in its application to this Court," Zimet says in his filing.
"No justification supports the state's failure to include in its motion to modify and revoke bond the fact that every activity alleged to be a violation of bond had been approved by the agency charged with the responsibility of supervising Marissa Alexander's bond," Zimet says. "Obviously, including those omitted facts would expose the frivolity of the state's motion."
A spokeswoman for Corey did not respond to a request for comment. It's unclear why her office would cite approved trips as violations.
Judge James Daniel scheduled a hearing on Corey's request for Friday, the Florida Times-Union reports. Before her release on bail Alexander served 21 months behind bars.
Alexander's stiff sentence received national attention during and after the trial of George Zimmerman for allegedly murdering Trayvon Martin. Corey charged Zimmerman with second degree murder, but he was acquitted July 13 after arguing he shot in self-defense.
Alexander's legal saga began when she fired her legally owned gun during a fight with then-husband Rico Gray on Aug. 1, 2010, nine days after giving birth to a premature baby girl. No one was injured.
Corey claims Alexander fired the "warning shot" out of anger, not fear of Gray. But Alexander says she was indeed afraid of Gray, who was arrested in 2006 and 2009 for domestic battery. In 2006 the charge was dropped and in 2009 he received probation, the Times-Union reported. Alexander was granted a restraining order against Gray after his 2009 arrest.
"I got five baby mammas, and I [hit] every last one of them, except for one," Gray told police in a deposition before Alexander's first trial.
Corey refused to consider lesser charges after the First District Court of Appeal in Florida ruled Sept. 26 jurors were given improper guidance, invalidating Alexander's conviction.
"The State Attorney's Office has no intention of dropping the very serious charges against the defendant," Corey's office said in an Oct. 31 statement. "The SAO will continue to pursue justice for our two child victims and their father who were endangered by the shot the defendant fired at them."
Rep. Corrine Brown, D-Fla., a vocal supporter of Alexander, told U.S. News in July Corey is notorious among her constituents for overcharging.
Initially, Corey's office offered Alexander three years in prison if she agreed to plead guilty. Brown confronted Corey outside the courtroom and insisted, "three years is not mercy and 20 years is not justice."
Members of the Free Marissa Now advocacy coalition, which organized a 1,000-person rally demanding Corey's resignation in July, are enraged by the attempt to revoke Alexander's bail.
Corrected on : Updated 01/08/14: An update was attached to this article after Corey submitted a supplemental court filing.