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Burress has been indicted (1 Viewer)

maccabees

Footballguy
http://profootballtalk.nbcsports.com/category/rumor-mill/

Posted by Mike Florio on August 3, 2009 1:49 PM ET

ESPN reports that receiver Plaxico Burress has been indicted on felony weapons charges arising from the November 2008 incident in a Manhattan nightclub, during which Burress accidentally shot himself with a gun he was toting in the waistband of his sweatpants.

According to Sal Paolantonio of ESPN, Burress has been indicted on two counts of felony criminal possession of a loaded firearm, both of which carry mandatory minimum terms of 3.5 years. He also has been indicted on one count of reckless endangerment, which entails a mandatory minimum sentence of one year.

The move means that Burress will, absent a plea bargain, face a trial.

No date has been set; his lawyer, Benjamin Brafman, previously has indicated that his calendar prevents him from being available until March 2010. (In fact, Brafman has said that a trial before then would be "inconceivable.")

The next question is whether Commissioner Roger Goodell will suspend Burress indefinitely until the case is resolved and any jail term is served.

Two years ago, Goodell did just that with quarterback Mike Vick.

 
I'll tell you what, once the feds are involved, your case is all but lost. they win some 90-95% of cases brought across their desk. this is not good news for Burress.

 
http://www.prosportsdaily.com/nfl/nfl.html

"Giants linebacker Antonio Pierce was not indicted Monday by the Manhattan grand jury investigating a gun charge against former teammate Plaxico Burress, Pierce's lawyer Michael F. Bachner told ESPN's Sal Paolantonio.

The grand jury voted Monday to clear Pierce of felony gun possession charges.

 
I wish I had more compassion for him, but he's been a me-first punk all his football career.

You can't run around Manhattan with an unlicensed loaded concealed weapon. And ignorance of the law is no defense.

Tough taters that his celebrity didn't have everyone kissing his backside this time. Good for New York City and the safety of its residents if he's Bubba's girlfriend for a year and it gives other idiots pause when they consider doing the same thing just so that they can pretend they're tough guys running around with guns.

 
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He will do time. Just on the surface, there's almost no question of guilt: It was an unregistered gun, he had it, and that's against the law. There really is no gray area. Just possessing it is against the law, and carries heavy penalties. NY gun laws, especially in NYC, are no joke.

If he goes to trial, and is found guilty of having an unregistered gun (which it looks like he certainly would), he will serve the "mandatory" sentences. The only question now (and seemingly his only hope) will be how much time he does in a "plea to a lesser charge" deal. I am not certain how this works, or if it's even possible at this point. But given this indictment, this is a total slam-dunk for the prosecution - there's almost no way they lose this case. So, even with a plea, it's very unlikely he's getting off without jail time.

 
and to think, if he'd just been hammered drunk and run over a predestiran dead he'd only be looking at a big payoff to the family and probabtion

what is wrong with this judicial system ?

 
http://www.prosportsdaily.com/nfl/nfl.html

"Giants linebacker Antonio Pierce was not indicted Monday by the Manhattan grand jury investigating a gun charge against former teammate Plaxico Burress, Pierce's lawyer Michael F. Bachner told ESPN's Sal Paolantonio.

The grand jury voted Monday to clear Pierce of felony gun possession charges.
Pierce = snitch
One gun, two guys. From what I've read, it's pretty clear whose it was. Pierce likely just confirmed the truth.
 
I'll tell you what, once the feds are involved, your case is all but lost. they win some 90-95% of cases brought across their desk. this is not good news for Burress.
This isn't a Federal case is it? I thought these were NY laws he was be charged with violating.
Actually, you are right, I read the article incorrectly. Either way, I think he's done. I also feel there may be a reason why Pirece walks and Plaxico is indited the same day, coincedence, I think not.
 
If you guys had to guess how long would he be in jail/prison? I don't have him in any leagues or anything, just curious how bad they are going to screw up the dudes life. 5 years?

 
If you guys had to guess how long would he be in jail/prison? I don't have him in any leagues or anything, just curious how bad they are going to screw up the dudes life. 5 years?
I'd like to re-phrase your question..."just curious how bad HE screwed up HIS OWN life."At least three years IMO.
 
If you guys had to guess how long would he be in jail/prison? I don't have him in any leagues or anything, just curious how bad they are going to screw up the dudes life. 5 years?
I'd like to re-phrase your question..."just curious how bad HE screwed up HIS OWN life."At least three years IMO.
Per Schefters twitter,

Adam_SchefterSad...RT @MistahLang: what's "funny" is that Plaxico will end up serving more jail time than Little & Stallworth, both of whom killed people



 
The SI story says he faces "up to" 3.5 years, while this says 3.5 is a minimum, which is what I had heard before. Anybody know which one is right?
Depends on which charges he eventually either pleads to or is convicted of. He was offered a plea deal with less jail time, but foolishly he refused to take it - that's what led to his release by the Giants, by the way, and his demands for a bigger contract despite his legal woes. So now he's been indicted for the more serious crimes which carry mandatory minimum jail time due to the state of New Yorks' laws. Has anybody mentioned that his wife is an attorney, and that he has zero excuse for not knowing that carrying a concealed firearme without a license is a crime? Oh, but it gets worse from the defense's perspective.

Additionally, there are aggravating circumstances that will likely increase the penalty any judge imposes on him if this actually goes to trial and he is convicted. As others have pointed out, it is illegal to carry an unregistered concealed firearm in the state of New York. Also, he carried the weapon loaded into a nightclub where alcohol was being served. It is very, very illegal (and stupid) to carry loaded, concealed weapons into an establishment serving alcohol - even if you have a license for a concealed weapon, which Burress did not. It is incredibly stupid to do so with a round in the chamber, which Burress also did (the weapon was locked and loaded with a round in the chamber, ready to fire) and while not having the weapon properly secured in an appropriate holster (which stupidity Burress also did).

Essentially, Burress broke just about every concealed weapon law on the books with this fiasco (and the common sense rules of responsible gun ownership). Though he only injured himself, that is simply good luck. He could very easily have harmed or killed another person (or himself - there are huge arteries in the thigh which is where his waist-band placement of the weapon put the gun in proximity next to).

He deserves to face this extreme legal jeopardy, IMO, because he arrogantly refused a plea deal with reduced jail time.

 
If you guys had to guess how long would he be in jail/prison? I don't have him in any leagues or anything, just curious how bad they are going to screw up the dudes life. 5 years?
I'd like to re-phrase your question..."just curious how bad HE screwed up HIS OWN life."At least three years IMO.
Per Schefters twitter,

Adam_SchefterSad...RT @MistahLang: what's "funny" is that Plaxico will end up serving more jail time than Little & Stallworth, both of whom killed people


I feel the same way, that's pretty messed up. He may serve more time than Vick as well. I'd say that Plaxico has the least serious of the offense compared to Little, Stallworth, and Vick, and he will serve the worst sentence.Idiot

 
He deserves to face this extreme legal jeopardy, IMO, because he arrogantly refused a plea deal with reduced jail time.
Was it made public how long the "reduced jail time" would have been?
The reports I saw said he would've served 3 months, before the start of regular season. Here's a link to one story in the New Jersey Star-Ledger.

Back in March, ESPN's Sal Paolantonio reported Plaxico Burress had declined a couple of plea bargains his lawyer had worked out for him. (Sorry, I can't find a link and I'm not sure it was ever written, though I know Paolantonio reported it on-air.) Then, last month, ProFootballTalk.com delivered a similar report.

Now, Bob Papa, the Giants' radio play-by-play man (as well as a Sirius/XM Radio host and the voice of NFL Network's live games) has the details of what he's heard Burress has turned down.

"This is what I've been told and what I've heard," Papa said this morning on Sirius NFL Radio's "Morning Drive" program. "They worked out something where they had it down to about a three-month jail term with actually only two months served and about 1,500 hours of community service. And I think his lawyers felt that they had a pretty good deal. He doesn't want to go to jail at all. He shot down the deal - just like he shot down the new contract the Giants offered him to try to get his money back. He does not want to go to jail at all. So now coming up in another couple of weeks we're going to find out what's going to happen. But my guess is that the city of New York is not going to back off any kind of jail time.
Pretty unbelievable he turned it down, IMO. It's why he's now been indicted by the grand jury.
 
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The SI story says he faces "up to" 3.5 years, while this says 3.5 is a minimum, which is what I had heard before. Anybody know which one is right?
Depends on which charges he eventually either pleads to or is convicted of. He was offered a plea deal with less jail time, but foolishly he refused to take it - that's what led to his release by the Giants, by the way, and his demands for a bigger contract despite his legal woes.
Further proof this guy is a Class A idiot who was totally out of touch with reality at the time, believing he had a sense of entitlement and was untouchable by the law because he was SOMEBODY. Now he's had a wake up call but it's too late. See ya Plax. You won't be missed.
 
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The SI story says he faces "up to" 3.5 years, while this says 3.5 is a minimum, which is what I had heard before. Anybody know which one is right?
The answer is a minimum. Carrying a concealed weapon in NYC is punishable by a mandatory, minimum 3.5 year prison term. Now add the mitigating circumstances on that Mr. Wimer pointed out and it could be longer. The only thing that balances this out is that Plax will have incredible lawyers who will likely get it reduced. I doubt they get it reduced to what he already turned down but I think anything more than a year is reaching here...
 
The SI story says he faces "up to" 3.5 years, while this says 3.5 is a minimum, which is what I had heard before. Anybody know which one is right?
The answer is a minimum. Carrying a concealed weapon in NYC is punishable by a mandatory, minimum 3.5 year prison term. Now add the mitigating circumstances on that Mr. Wimer pointed out and it could be longer. The only thing that balances this out is that Plax will have incredible lawyers who will likely get it reduced. I doubt they get it reduced to what he already turned down but I think anything more than a year is reaching here...
My guess is that it depends how PO'd the DA is that he burned up his prosecuting attorney's time to negotiate a good plea deal for Plaxico Burress and then got it slammed back into his face. Burress may have aggravated the prosecutor's office enough that they are out for blood/now intend making an example of him. Convening a grand jury and all the other time consuming elements of proceeding with what appears a slam dunk prosecution may motivate the prosecutors to really make their time count. Bottom line, to me, is that Burress was foolish to turn down the 2 month sentence with 1500 hours of community service. He could've served it in May/June and been in somebody's training camp right now.

For those lamenting that Burress'll do serious time - Donte Stallworth showed remorse and was cooperative with prosecutors in his case and didn't make waves. He took his punishment as deserved and didn't act the primma donna.

I agree it seems wrong for him to have much less jail time than Burress, but on the other hand Burress had the opportunity to put this incident behind him with minimal jail time and time to return to his career and he chose to turn it down. Choices have consequences, folks.

 
My guess is that it depends how PO'd the DA is that he burned up his prosecuting attorney's time to negotiate a good plea deal for Plaxico Burress and then got it slammed back into his face.
<_< I doubt the DA offered him that plea - they've grandstanding this whole thing to the press since it happened. You don't even seem to have a credible source. Profootballtalk.com? Giants play-by-play guy? For a legal matter, really?

Burress' lawyers deny they received that offer, NBC news says this:

And it isn't just any amount of jail time, either. Burress kiboshed a plea deal earlier this year when he refused to serve more than one year in the pen while prosecutors offered two years for his guilty plea on a lesser gun charge.
Link IF this offer was made and Burress turned it down, yes, he's a bigger moron than we though, but let's tone down the faux outrage over the plea he SLAMMED BACK INTO THEIR FACE, there's plenty of other kinds of faux outrage in this thread already.

 
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DA Robert Morgenthau wants a minimum of 2 years. Something to know is that Morgenthau is 89 years old (seriously) and he is about to retire. Those who want to move into his office will be campaigning on a 'tough on crime' platform -- they always do -- so there is no one of note involved in this case from the prosecution side even remotely interested in cutting Plax any slack at this point. Mayor Bloomberg has wanted the book thrown at him from the start.

Plax had his chance at mercy. He was stupid and arrogant and said no if he was in fact offered an earlier plea deal.

I think he's looking at 2 years. He turns 32 next week. Not a smart move for a guy with precious few NFL years left to begin with.

Where's a toast smilie when you need one?

 
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I agree on the 2 yrs. I heard Plax's lawyers wanted 1 yr in a plea bargain. 1 yr would be a mockery of the system.

 
Are you talking Stallworth? There were mitigating circumstances and no mandatory sentences. You jaywalk on a busy street where cars are moving that fast and you are partially at fault. Besides that, the jail time was just a very small part of his penalties.

 
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I think they just said on ESPN (only listening in the background) that they think he will plead guilty and hope for leniency from the judge. Did anyone else hear that?

 
He deserves to face this extreme legal jeopardy, IMO, because he arrogantly refused a plea deal with reduced jail time.
Turning down an offer of 2 years in prison for a victimless crime doesn't seem so arrogant.
If the offer was 2 years in prison, then I can see why Burress chose to hazard a trial. However, more than one source (not just ProFootballTalk) has leaked the offer was well under a year, possibly as low as 2 months in the slammer. If the sources are accurate (and I, for one, believe they are - plea deals on gun raps in NY are pretty common, as others have pointed out in past threads on Burress) then he foolishly and arrogantly declined the plea deal. As I wrote earlier in this thread, the prosecution has a slam-dunk case here from what I've read and heard - plus aggravating circumstances as I have outlined.Regarding the poster who implies I have displayed "faux outrage", I respond: You are incorrect to assume such. I am a card carrying member of the National Rifle Association and I am a responsible gun owner who follows the laws of my state. I am always offended when people flout the law and make law-abiding gun owners look bad by association. Owning a gun and/or carrying a gun is serious business and it shouldn't be done by people who don't carry their weapon in a legal, appropriate manner according to the laws of their locality.Edit to add that Burress recklessly endangered everyone in the nightclub by the way he carried a weapon loaded and primed to go off. That is NOT a victimless crime though he got lucky and only victimized himself with the round discharged.
 
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If the sources are accurate (and I, for one, believe they are - plea deals on gun raps in NY are pretty common, as others have pointed out in past threads on Burress) then he foolishly and arrogantly declined the plea deal.
Seems pretty clear to me from a current NY news source:
Burress kiboshed a plea deal earlier this year when he refused to serve more than one year in the pen while prosecutors offered two years for his guilty plea on a lesser gun charge.
Link which was already posted above, on the NBC NY site, by a writer who writes for both FanHouse.com and ProFootballTalk.com.

So either there's other more correct information available, or your condemnations of him for arrogance for rejecting a 3-month sentence is misplaced.

 
If the sources are accurate (and I, for one, believe they are - plea deals on gun raps in NY are pretty common, as others have pointed out in past threads on Burress) then he foolishly and arrogantly declined the plea deal.
Seems pretty clear to me from a current NY news source:
Burress kiboshed a plea deal earlier this year when he refused to serve more than one year in the pen while prosecutors offered two years for his guilty plea on a lesser gun charge.
Link which was already posted above, on the NBC NY site, by a writer who writes for both FanHouse.com and ProFootballTalk.com.

So either there's other more correct information available, or your condemnations of him for arrogance for rejecting a 3-month sentence is misplaced.
It appears that there are competing versions of the situation in the media. I am inclined to favor one, you are inclined to favor another. Neither of us was in the room when the deal was offered, nor are we aware of the possibility of suspended sentence clauses that may have been within any plea deal that may have been offered, so I guess we will just have to agree to disagree.What is beyond doubt is that Burress now stands indicted by a grand jury of crimes that carry mandatory minimum sentences due to his own irresponsible behavior.

 
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ADA1: Did Burress respond to our plea deal?

ADA2: Yeah, just got off the phone with him.

ADA1: Did he accept it or reject?

ADA2: Neither - he slammed it back into our face.

:no:

 
http://profootballtalk.nbcsports.com/2009/...another-person/

Burress bullet "narrowly missed" another person

Posted by Mike Florio on August 3, 2009 5:22 PM ET

Lawyer Benjamin Brafman consistently has portrayed receiver Plaxico Burress as the only victim in the incident that involved Burress accidentally shooting himself in the leg last November at a Manhattan nightclub.

That almost wasn't the case.

According to the Manhattan District Attorney's web site, the bullet that blew through Burress' thigh "narrowly missed" a security agent at the club.

The D.A.'s web site also explains that former Burress teammate Antonio Pierce took the gun to his home in New Jersey on the evening of the incident before returning it to Burress the next day.

Pierce was not indicted on any charges. Said D.A. Robert Morgenthau, ""Ultimately, the grand jury did what it thought was fair."

Regarding the contention that Burress had a license to carry the weapon in Florida, the D.A.'s site points out that the license expired in May 2008, and that even if the license were still effective it would not have been recognized as valid certification to carry the weapon in New York.

Finally, the D.A. clears up one of the more common misconceptions in the case. Burress was not carrying the gun in the waistband of his sweatpants; he was carrying it in the waistband of his jeans.

 
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I forget where now (and if it's already been posted, apologies), but I just read something that said Plax was willing to do a year but prosecutors were demanding two - so he decided to roll the dice in court.

Pretty sure TPTB in NYC intend to make an example of Burress and give anyone toting a weapon a reason to believe they'll get nuked if they're caught. Because while the Feds may win 95% of their cases - I'd bet the NFL players' win percentage over the years isn't far behind.

And if an NFL player can't beat the rap the Average Joe is sure as hell goin' down.

 
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If the sources are accurate (and I, for one, believe they are - plea deals on gun raps in NY are pretty common, as others have pointed out in past threads on Burress) then he foolishly and arrogantly declined the plea deal. As I wrote earlier in this thread, the prosecution has a slam-dunk case here from what I've read and heard - plus aggravating circumstances as I have outlined.
I let everyone know this in the chatroom on Cecil and Bloom's show and have fairly excellent NYG connections. They have been "dead on" accurate about Plax for a long time now too. Anyhow, google the Daily News or Newsday or NY Post because the DA's deal was out there months ago.I don't disagree with you that he should have taken the plea.As I understand it, Plax is under the impression that his fancy lawyer can spin this as he punished himself already. I have to admit that if this is a jury trial(I don't know and have needed law help all the way trying to understand this) good luck to NY DA or ADA convicting a man of jailtime after the jury sees a gunshot wound and or scar whatever Plax's attorney decides to show them. 12 people that will ignore everything else and solely look at the fact that this is the law and he broke it, will be very hard to find.Delaying the trial was the plan and they're very close to that, it seems. So....a team could(Goodell?) sign Plax for 2010.If you want to know what my buddies say-Jets about as sure a thing as could be. Not having to move family, would DA/judge resist him moving? etc. It's very easy to almost transfer to the Jets and they've got nothing opposite Jerricho.
 
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I forget where now (and if it's already been posted, apologies), but I just read something that said Plax was willing to do a year but prosecutors were demanding two - so he decided to roll the dice in court.
nah, it's been "no jail" since day 1
 
Politics’ Hand in Message to Burress, New York Times

The second-dumbest thing he did was to stick an unlicensed gun in the waistband of his pants, go to a Manhattan nightclub and accidentally shoot himself in the thigh. But the dumbest thing of all, without question, was to stick an unlicensed gun in the waistband of his pants, go to a Manhattan nightclub and accidentally shoot himself in the thigh just as Mayor Michael R. Bloomberg was starting his run for re-election.

Cracking down on gun violators is virtually a sacred cause for the mayor.
FEW cases take eight months from arrest to indictment. Few are conducted in so politically charged an atmosphere. Few lead to hyperventilating tabloid editorials about the need to “send a message” by prosecuting a famous athlete to the limit.

No doubt, many people are tired of seeing the rich and famous thumb their nose at the law and get off lightly. In this case, though, it appears that celebrity worked against Mr. Burress. Despite no-nonsense provisions in a toughened state gun law, enacted in 2006 at Mr. Bloomberg’s urging, many defendants catch a prosecutorial break. From the start, it was obvious that Mr. Burress would not be one of those defendants.

About the same time that he landed in trouble, the Bernard Madoff case was unfolding. High finance is Mr. Bloomberg’s specialty. Yet one did not see him carrying on about the need to throw the book at a swindler who had ruined or unsettled thousands of lives.

Nor did he have harsh words for Vito J. Fossella, a congressman until early this year. Quite the opposite. Mr. Fossella was arrested in May 2008 for running a red light in Virginia while he was plastered. If in theory the gun-toting Mr. Burress put others in jeopardy, so did the drunken-driving Mr. Fossella. Yet a few days after talking tough in the Burress case, Mr. Bloomberg attended a tribute to Mr. Fossella on Staten Island, and spoke of what a swell fellow he was. A football player was of no use to him. Mr. Fossella, however, was a Republican, and the mayor needed to woo back Republican leaders whom he had smacked down a year earlier.
 

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