Tomorrow Plax and DA will move for adjournment to later date

[Mr. P]

March 30, 2009

Plax, DA will request time to work on deal

 

Updated: 4 p.m.

 

There is no plea bargain in place for Plaxico Burress, but one could be on the way.

 

According to his lawyer, Benjamin Brafman, the two sides will not strike a deal in time for Burress’ scheduled appearance at a Manhattan court tomorrow. In an e-mail to the Daily News, Brafman said “Tomorrow will involve an adjournment only.”

 

An adjournment - - or a postponement of proceedings to a later date - - could be a sign that two sides are working on a plea deal, but that they simply need more time to get one in place. At the moment, according to sources familiar with the case, a deal is not imminent despite months of negotiations between Brafman and the Manhattan District Attorney.

 

Asked if the adjournment was being requested because a deal was close, Brafman responded “It is merely an adjournment. Do not read into it beyond that.”

 

Burress will be present in Manhattan court this morning, Brafman said, when the adjournment is requested.

 

Several people close to Burress believe a plea deal is inevitable, and the reason one hasn’t been struck yet is believed to be the receiver’s desire to avoid prison. He’s facing two counts of second-degree criminal possession of a loaded and unlicensed weapon. Both charges carry a mandatory minimum sentence of 3 ½ years in prison and a maximum of 15 years.

 

Statistics show the Manhattan DA often allows people to plead down to lesser offenses in similar cases, however those plea deals almost always involve at least some time in jail.

 

Whatever the result, the 31-year-old Burress had clearly been hoping for a quick resolution since his desire, according to sources, is to resume his NFL career as quickly as possible. He still faces a likely suspension from the NFL for violating the league’s Personal Conduct Policy, but he had held out hope for returning at some point during the 2009 season.

 

Any delay in his case, of course, could put that return to the field this season in jeopardy.

 

Burress has been facing that possibility since last Nov. 29 when he shot himself in the thigh at The Latin Quarter in Manhattan. He was arraigned on Dec. 2, pleaded “not guilty” to the charges, and was released on $100,000 bail. He was then suspended by the Giants for four weeks without pay, fined an additional week’s salary for conduct detrimental to the team, and they withheld the final, $1 million payment of Burress’ $4.5 million signing bonus, which was due on Dec. 15.

 

The NFL Players Association filed two grievances against the Giants on behalf of Burress for what it deemed “excessive” punishment. The first grievance - - about the signing bonus - - is scheduled to be heard on Wednesday morning by Special Master Stephen Burbank at the University of Pennsylvania in Philadelphia. It’s not known if he’ll rule on the case that day. It’s also not known if the adjournment in Burress’ criminal case will delay his arbitration hearing.

 

The arbitration, originally scheduled for early March, has already been delayed once. The second hearing - - regarding the “excessive” punishment of four weeks of lost salary and a fine of one week’s pay - - is scheduled to be heard in mid-June.

 

http://www.nydailynews.com/blogs/giants/

[Mr. P]

Lawyer expects to get new court date

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ESPN.com news services

 

NEW YORK -- A lawyer for New York Giants star receiver Plaxico Burress says a hearing in his gun possession case will be postponed.

 

Burress

Burress

 

Defense attorney Ben Brafman said Monday the wide receiver will show up to court Tuesday but "it's just a matter of getting a quick adjournment."

 

Burress accidentally shot himself in the thigh at a nightclub in November. He has been charged with criminal possession of a weapon in the second degree, a felony carrying a minimum prison sentence of 3½ years upon conviction.

 

Brafman would not say whether the hearing is being adjourned so a plea deal can be reached.

 

Two independence sources with knowledge of the negotiations between Burress and the Manhattan district attorney told ESPN's Sal Paolantonio that Burress knows any lengthy trial on felony weapons charges would only delay his possible reinstatement to the NFL.

 

Commissioner Goodell on Plaxico

 

NFL.com Video

 

Commissioner Roger Goodell comments on disciplinary action for Plaxico Burress.

 

The district attorney's office has told Brafman that any plea deal would have to include jail time, the sources said. A sentence of longer than five months would make it difficult for Burress to return for the 2009 season.

 

Prosecutors commonly offer reduced charges in gun possession cases, considering past criminal history, arrest circumstances and the reason for having the weapon.

 

The 31-year-old wide receiver has no criminal record. The gun he was carrying had been licensed in Florida and only recently expired. It was not licensed in New York.

 

Statistics show that more than eight out of 10 people arrested in New York City in 2008 for the same charge Burress faces received a reduced charge, though some plea deals included jail time.

 

"This is going to be a close call," said Randy M. Mastro, a former prosecutor and deputy mayor under Rudy Giuliani. "He's got a pretty compelling story to tell. ... But at the same time, there's been a tremendous public outcry, particularly by some politicians, about this famous figure having a weapon."

 

ESPN reported last week that Burress' attorney had been in contact with prosecutors for months trying to avoid a lengthy trial. On Monday, The New York Times reported a plea deal was being seriously considered and it appeared likely to include Burress serving some jail time.

 

The district attorney's office has not commented.

 

Burress has not spoken publicly about why he was carrying a gun, but some have speculated that he was carrying it for safety reasons after teammate and fellow wide receiver Steve Smith was robbed at gunpoint three days earlier after being driven to his residence in a chauffeur-driven car.

 

"There's a pretty compelling story that there were traps in the circle of players which he traveled," Mastro said. "He has a story to tell the courts that is more sympathetic than the typical gun possession charge."

 

Mayor Michael Bloomberg, who has waged a long campaign against illegal guns, has publicly castigated Burress for illegally carrying the .40-caliber weapon. And there was talk of a cover-up by the Giants and the NFL after the Nov. 28 incident at the Latin Quarter; it took police nearly 12 hours to figure out Burress had shot himself and was hospitalized, and the player turned himself in three days later.

 

"He's a public figure, the case has become a notorious one," Mastro said. "His fame may not help him in this case."

 

Precedent is on Burress' side. Only about 14 percent of the people charged last year with criminal possession of a weapon in the second degree -- the same charge that Burress faces, are ultimately convicted of that charge, said John Caher, a spokesman for the New York State Division of Criminal Justice Services.

 

Of the 1,248 people in New York City initially arrested on second-degree criminal weapons possession in 2008, 184 were convicted of the charge. About half were convicted of a misdemeanor or violation, and the remaining convictions were usually lesser felonies with some jail time.

 

Reduced charges in similar cases include attempted possession or third-degree gun possession which result in lesser or no jail time. It's not clear whether a plea deal will result in Burress serving any jail time.

 

Burress' Giants teammates have been supportive about his return, but they're concerned about the future of the team without him. The Giants lost four of their final five games after Burress was suspended, fined and placed on the non-football injury list, meaning he also could not appear in the playoffs. The Giants finished 12-5, losing at home in the playoffs to the Philadelphia Eagles.

 

The Giants, who signed Burress to a five-year, $35 million contract extension in September, have left the door open for Burress to return once his legal issues are resolved.

 

Information from The Associated Press was used in this report.

 

http://sports.espn.go.com/nfl/news/story?id=4028349

[Lubeck]

There is no way Plax's lawyer lets this get to trial.

[Allstarjim]

There is no way Plax's lawyer lets this get to trial.

 

 

Yes but what this does do is ensure that the Giants will go into the draft with the assumption that Plax will not be able to provide anything for them this year. That means that they will do everything they can to get whoever it is they feel would be the best option to replace Plaxico, via either in the draft or via trade.

[BIGBLUE01]

Yes but what this does do is ensure that the Giants will go into the draft with the assumption that Plax will not be able to provide anything for them this year. That means that they will do everything they can to get whoever it is they feel would be the best option to replace Plaxico, via either in the draft or via trade.

 

Damn, I thought that meant he would play this yr since its bein postponed. :brooding:

[Allstarjim]

Damn, I thought that meant he would play this yr since its bein postponed. :brooding:

 

 

If anything it diminishes his chances. The DA demands some jail time. If he starts serving that in June rather than now, that's just further into the season that he will be in the pokey, maybe the entire season. Of course there will be media pressure for Goodell to suspend him even further.

[BIGBLUE01]

If anything it diminishes his chances. The DA demands some jail time. If he starts serving that in June rather than now, that's just further into the season that he will be in the pokey, maybe the entire season. Of course there will be media pressure for Goodell to suspend him even further.

 

Oh, till June. Yeah, that stinks. Hopefully June will come, and they will iron out some kind of probation or something. If that happens, then he just has the leagues suspension, verdad?

[JackStroud]

Oh, till June. Yeah, that stinks. Hopefully June will come, and they will iron out some kind of probation or something. If that happens, then he just has the leagues suspension, verdad?

 

Bergen Record today calling for Giants to rid themselves of Burress

 

Their contention is he will only screw up again if this is dismissed.......I'm not happy about Burress attitude but come on this is entertainment, not a church service

 

Imagine if all public figures with a crime conviction were banned from the public eye......it would be a much smaller talent pool

 

As long as he is a free man, and complies with team rules, and performs on the field- I would like him to remain on the team

 

If he continues to defy team rules the fines should get stiff, very stiff.......ultimately he must be replaced unless he truly redeems himself. Right now we need his WR capability to compete at the highest level.

 

He is a very good WR, and very entertaining.

 

I can't forget Vince Lombardi's statement to a player who despite a $1000 fine broke curfew and slipped out at night.

Vince raised it to $5000 (a lot of money in 1960) and told the culprit that if he still wanted to slip out at that price, to call him and he would party with him. The guy was Max McGee who went on to win the MVP of the SB that year.

 

Personally, I would advise Burress to hire a couple of good body guards and not carry his own weapon if he feels that threatened.......or stay home. His gun handling capabilities (all legal issues aside) seem pretty weak....if someone did approach him Plaxico is more likely to shoot himself than anyone else.....the "Barney Fife" of gunslingers LOL

 

I have a feeling if we release Burress he will wind up in DC playing for the Skins.

[Mr. P]

Trouble Giants star Plaxico Burress ran a quick out Tuesday after his gun possession case was delayed until mid-June.

 

The lanky wide receiver said nothing before or after his lightning-quick courtroom appearance, striding past a media horde outside Manhattan Criminal Court and climbing into a black SUV to make his escape.

 

Burress was greeted warmly by spectators after his 30-second hearing, shaking hands with a pair of fans. "Way to go, Plax," said one.

 

At the request of his lawyer, Benjamin Brafman, the case was put off until June 15. Sources indicated Burress was seeking a plea bargain that might keep him out of jail.

 

"Stay tuned," Brafman said about a possible deal. He both sides are "trying our best to see if there is a way to resolve this. Right now, we have not reached an agreement."

 

Burress, accompanied by his wife Vicki and his lawyer, arrived at the lower Manhattan courthouse at 9:12 a.m. The Big Blue wideout wore a gray suit as he exited the SUV.

 

Burress, 31, faces two counts of criminal possession of a weapon - each carrying a mandatory 3 1/2 years in prison. He's pleaded not guilty, and remains free on $100,000 bail.

 

Burress ended his season - and the Giants' hopes of a Super Bowl repeat - when he shot himself in the thigh inside the Latin Quarter nightclub on Nov. 29.

 

Burress, who caught the game-winning touchdown in last year's Super Bowl victory for the Giants, was hoping to resolve his case and return to the field this season.

 

Brafman said Burress' career prospects remained uncertain.

 

"I think that is a decision for him, his manager, and the New York Giants," the lawyer said. "I assume a lot will depend on how, when and if this case is resolved."

 

http://www.nydailynews.com/sports/football...possession.html

[Mr. P]

on tv they said that it can be resolved sooner than june if an agreement is reached.

 

lets hope in a few weeks or 1 month we hear they have reached an agreement.

 

a 3-6 bid he gets out in 3 and a half months.

 

 

hes back with the team before the start of the regular season, serves his 4 game suspsension and starts week 5.

[Gspotter]

if he goes to jail, then he'll get a league suspension (no doubt), and then you assume that he'd be in any playing shape. Get ready boys, he's not going to be around and he's not going to be effective when you expect him to show up in game shape. This isn't the same as working through an injury.

 

We'll make some moves soon, keep him on the roster, and this is probably the beginning of the end for him. The only way this doesn't come to pass is if he gets something of a token of a month in jail and starts it ASAP.

 

Too bad, that fellow could have been a big part of our legacy, but if any of you think that's still going to happen then you are too optimistic to be Giants fans.

[Mr. P]

if he goes to jail, then he'll get a league suspension (no doubt), and then you assume that he'd be in any playing shape. Get ready boys, he's not going to be around and he's not going to be effective when you expect him to show up in game shape. This isn't the same as working through an injury.

 

We'll make some moves soon, keep him on the roster, and this is probably the beginning of the end for him. The only way this doesn't come to pass is if he gets something of a token of a month in jail and starts it ASAP.

 

Too bad, that fellow could have been a big part of our legacy, but if any of you think that's still going to happen then you are too optimistic to be Giants fans.

 

 

say he does 3 months. then hes back by the beginning of the season, his suspension would give him plenty of time to get into shape.

[K3VIN]

Plax is going to have to do some time. Look at T.i case he sentenced him self to 1000 hours of community service and still got 1 year and a day. Plax has done nothing to warrant him self to get any-less. he deserve the whole sentance.

[MakeMeSomeFoodHo]

Im 99% sure that Plaxico will serve some jail time. Its time for the Giants to move foward without Plax in their plans.

[MakeMeSomeFoodHo]

Plax is going to have to do some time. Look at T.i case he sentenced him self to 1000 hours of community service and still got 1 year and a day. Plax has done nothing to warrant him self to get any-less. he deserve the whole sentance.

TI is also a really bad rapper and for that alone he should do jail time.

 

seriously, TI is not a first time offender, the guy has been arrested many, many times in the past. He deserved to get a lot more than a year and a day and 1000 hours CS.

 

with that said, I beleive Plax is going to spend soem time in jail no matter what

[Allstarjim]

I don't know where people are getting 3 months from. If anything, the speculation I heard from Sal Palaontonio on ESPN was starting at 5 months. Possibly up to a year.

[JackStroud]

I don't know where people are getting 3 months from. If anything, the speculation I heard from Sal Palaontonio on ESPN was starting at 5 months. Possibly up to a year.

 

I read that 80% of those in his situation just got probation, and perhaps community service (that alone could be a problem for Plaxico)......hes a first offender with no criminal intent (he shot himself)......these are routinely reduced to a lesser offense and no jail time despite Bloombergs campaign

[Steitzenhaus]

I read that 80% of those in his situation just got probation, and perhaps community service (that alone could be a problem for Plaxico)......hes a first offender with no criminal intent (he shot himself)......these are routinely reduced to a lesser offense and no jail time despite Bloombergs campaign

 

I always like optimism, and I've been optimistic this entire time. If there is a way for Burress to remain with the Giants, I am all for it. I don't like this postponement though. Usually someone's status as an athlete gets them preferential treatment. However, due to Bloomburg's grandstanding on the issue, and from what I have heard recently, Burress will have to spend some kind of time in prison. The longer this goes on the less likely he will be able to play this year. At this point, the team has to go with the approach that Plax will not play this year and that's how I am going to take it until I hear any new developments. There is always the possibility of a suspended sentence that can be served after the season, but Burress and his legal team really need to find a way to get everything straightened out soon and see what kind of agreement can be reached.

[TrashTalker92]

I read that 80% of those in his situation just got probation, and perhaps community service (that alone could be a problem for Plaxico)......hes a first offender with no criminal intent (he shot himself)......these are routinely reduced to a lesser offense and no jail time despite Bloombergs campaign

 

bloomberg's a sorry little b!tch.. that clown has so many people paid off no wonder he can run for the office again... wait till they find some dirt on him and see how fast the tone is changed. he's making money off the city one way or another. This whole thing of using Plex as an example further show what type of cunt he is... why don't you go and say something about your buddys that's messing up the whole world econ. huh mike?....

[Allstarjim]

I read that 80% of those in his situation just got probation, and perhaps community service (that alone could be a problem for Plaxico)......hes a first offender with no criminal intent (he shot himself)......these are routinely reduced to a lesser offense and no jail time despite Bloombergs campaign

 

80% got probation for felony weapons charges? I call bullshit.

 

Second, the D.A. is DEMANDING that he do jail time. There is no question about it, Plax is going to jail unless somehow he gets acquitted after taking this to trial, which is not likely to happen.

 

I heard that at least 40% of people with the charge(s) he's facing did at least 5 months in jail last year. So all this talk about him just getting probation is balogney. He's going to do time, or this is going to trial, or both. I'm balking at the criminal intent statement as well because he knew he didn't have a license for that gun and that carrying in NYC would be illegal. But he did it anyways. That's criminal intent. I don't believe he had any intent to hurt anyone, but the mere fact that he carried a weapon that he knew doing so was illegal is by definition criminal intent.

[xxi-xxv]

Here is where this could get dicey for Bloomberg and his law that he takes full credit for and although I agree with the law, it can be challenged in a higher court and probably overturned. Problem is most of the people who get charged with this crime do not have the means to do that, Plaxico Burress does.

 

This law has been overturned in many cities and most recently in Washington D.C. In most states, this would not even be a crime(unless he harmed someone else) and some even honor the gun registrations of other states.

 

If someone actually had the means and money to take this and challenge it, my suspicion is this would be a law they woudl change, as it only exists in a few places and has been overturned elsewhere.

 

That could be Plax' trump card in bargaining for a lesser charge with no time.

[BurnThePhilFans]

I read that 80% of those in his situation just got probation, and perhaps community service (that alone could be a problem for Plaxico)......hes a first offender with no criminal intent (he shot himself)......these are routinely reduced to a lesser offense and no jail time despite Bloombergs campaign

 

Unfortunately there is no intent requirement read into the statute. His mental state is of no relevance here. And strictly going by the statutes elements, he is f'ed.

[BurnThePhilFans]

80% got probation for felony weapons charges? I call bullshit.

 

Second, the D.A. is DEMANDING that he do jail time. There is no question about it, Plax is going to jail unless somehow he gets acquitted after taking this to trial, which is not likely to happen.

 

I heard that at least 40% of people with the charge(s) he's facing did at least 5 months in jail last year. So all this talk about him just getting probation is balogney. He's going to do time, or this is going to trial, or both. I'm balking at the criminal intent statement as well because he knew he didn't have a license for that gun and that carrying in NYC would be illegal. But he did it anyways. That's criminal intent. I don't believe he had any intent to hurt anyone, but the mere fact that he carried a weapon that he knew doing so was illegal is by definition criminal intent.

 

You bring up some good points BUT his team is never letting this go to trial. There is absolutely no defense they can use for the crime he is charged with. All the side stuff people talk about - his teammates being robbed and a practice squad player shot, his intent, all of that is irrelevant. The second he had that gun in the New York he was breaking the law. In my opinion New York should allow some flexibility in regards to this statute because clearly the increased punishment (minimum sentence from 1 to 3 and a half years) was made in an effort to crub the black market gun trade and the drug dealers and true criminals carrying illegal firearms and using them to rob, kill, etc... Because it does not allow for a case by case review of the surrounding circumstances, Plax will never take this to trial. If he does he will lose - and WILL be sentenced accordingly with a minimum of 3 1/2 years.

[Gspotter]

upon conviction and fulfillment of his jail sentence, let's say a short of 6 months, then he will be promptly punished by Czar Goddell (a total fucking idiot IMO) and so even if Plax was back for the last half of the season, you expect him to be in shape to play...no, not likely.

 

I think everyone should factor his age, the trouble he's in, Goddell, and start realizing that #17 will never take the field on our behalf again. He'll be out; he'll be available, but at his age to miss a year, then comeback...I doubt it.

 

Assuming that he could come back, TC seems very luke warm about him, that's for sure.

 

We're all assuming that he won't get a full year...a full year is a long time to not be jogging. With the Mayor chiming in, I would anticipate the DA isn't looking to become the most unpopular guy at city hall.

 

It's a shame, when I think of what Plax did for us in the playoff run to the SB and even in last year's home opener, wow, "I think to myself," wow!

[BIGBLUE01]

upon conviction and fulfillment of his jail sentence, let's say a short of 6 months, then he will be promptly punished by Czar Goddell (a total fucking idiot IMO) and so even if Plax was back for the last half of the season, you expect him to be in shape to play...no, not likely.

 

I think everyone should factor his age, the trouble he's in, Goddell, and start realizing that #17 will never take the field on our behalf again. He'll be out; he'll be available, but at his age to miss a year, then comeback...I doubt it.

 

Assuming that he could come back, TC seems very luke warm about him, that's for sure.

 

We're all assuming that he won't get a full year...a full year is a long time to not be jogging. With the Mayor chiming in, I would anticipate the DA isn't looking to become the most unpopular guy at city hall.

 

It's a shame, when I think of what Plax did for us in the playoff run to the SB and even in last year's home opener, wow, "I think to myself," wow!

 

Not to disagree with what you're saying here, most of it I agree with. But the part I bolded......do you have any idea how prison life is? Or the type of prison Plax would go to?? Don't get me wrong, it wont be NFL caliber training, but no joggong? Ummm, that's about all he'll have to do in there, workout.