I first wrote about Brittany Smith’s Alabama self-defence nightmare on April 16, 2020, in my column “Brittany Smith’s Nightmare is Alabama’s Epic Fail on Stand Your Ground Ruling.”
I encourage you to read the full story of her case, referenced above but, in a nutshell, Brittany Smith shot and killed the man who raped her twice and was in the process of strangling her brother to death.
Alabama is a “Stand Your Ground” state – meaning when your life is threatened in your own home you have the right to defend yourself or your loved ones with lethal force, if necessary.
Brittany Smith’s case should be a slam dunk to qualify for protection under Alabama’s Stand Your Ground self-defense law and have all charges against her dismissed.
“Should” is the operative word here, but the entire Alabama judicial system seems determined to put this woman in prison for the rest of her life.
District Attorney Jason Pierce insisted on charging Brittany Smith with murder despite all the evidence on her side, including a rape kit that identified over 30 wounds on her body.
Circuit Judge Jenifer Holt seems equally determined to incarcerate Brittany Smith for the rest of her life.
Judge Holt denied Brittany Smith’s request for immunity under the stand your ground statute.
Then the Alabama Court of Appeals upheld Judge Holt’s decision through a process that legal experts, including one of the five judges who heard the appeal, say is biased against the defendant.
Now Judge Holt wants to revoke Brittany Smith’s bail and force her to remain incarcerated until her trial is over.
On May 13th, Smith’s lawyers filed a motion requesting Judge Holt recuse herself from the case because of her blatant bias against the young woman.
Alabama’s Brittany Smith is now living every woman’s worst nightmare.
She was raped twice and knocked unconscious by her attacker. She shot and killed her attacker, but only after he was attempting to kill her brother – who came to protect his sister.
The law that should to protect women like Brittany Smith is now being twisted in a bizarre bid to send her to prison for life.
It makes no sense.
I know why Brittany Smith can’t sleep at night.
What I don’t know and will never understand is how Jackson County District Attorney Jason Pierce and Circuit Judge Jenifer Holt can sleep at night.
Or look themselves in the eye in the mirror.