Lawyer for former NY Giants wide receiver Plaxico Burress responds to Manhattan district attorney

[ppodlesny]

http://www.nj.com/giants/index.ssf/2009/07..._giants_wi.html

 

In response to comments from Manhattan district attorney Robert Morgenthau in today's New York Post, the attorney for former Giants wide receiver Plaxico Burress said his client was never prepared to take a plea deal of only one year in prison - a jail term that could have gotten him back on the field fairly quickly.

"Nope, I told (Morgenthau) if they offered one year, I would discuss with Plax," Ben Brafman wrote by e-mail Monday afternoon. "They never offered it and Plax never authorized it."

 

Earlier Monday, by phone from his office, Brafman gave a brief rebuttal to Morgenthau's comments.

 

"I was surprised and disappointed to read the public comments made by Bob Morgenthau with respect to a case that is now being considered by a grand jury," Brafman said. "A grand jury is supposed to be an independent body. And in this case, they have the absolute right not to indict Mr. Burress if they feel that would be appropriate. For the district attorney to discuss the maximum sentences that are going to be imposed in a case where the target of the grand jury has not yet even been indicted is not only premature, it's completely inappropriate."

 

Brafman took it one step further and suggested Morgenthau might have affected the grand jury's ability to remain objective in this case.

 

"My fear is that the integrity and the independence of the grand jury has been irreparably prejudiced and compromised," Brafman said. "My hope, however, is the grand jurors see this as an effort to undermine their work and, as a result, try even more diligently to give Mr. Burress a fair hearing."

 

Asked if was preparing to take any legal action, Brafman replied, "We're researching the issue and exploring all of our options, but I'm not prepared to say right now what legal proceedings, if any, we will initiate."

[Mr. P]

“The DA’s office has confirmed that they are going to seek charges against Antonio,” said Pierce’s lawyer. A felony weapons charge carries with it a mandatory three and a half year prison sentence.

 

 

this is according to the nypost i believe, i got the quote from the front page over at bbi

[Storm]

“The DA’s office has confirmed that they are going to seek charges against Antonio,” said Pierce’s lawyer. A felony weapons charge carries with it a mandatory three and a half year prison sentence.

 

 

this is according to the nypost i believe, i got the quote from the front page over at bbi

 

Good, maybe we can get some speed on the field at the MLB position.

 

But in all sincerity, I have no sympathy for Antonio Pierce. What he did was illegal, and to play the pro athlete vs. normal Joe card again, if any of us had covered up a crime, we would probably be in jail right now.

[Mr. P]

July 28, 2009

Mara: Charges against Pierce "unwarranted"

 

Giants owner John Mara came out strongly in defense of embattled linebacker Antonio Pierce today, saying any criminal charges against Pierce for his role in last year’s Plaxico Burress shooting would be “unwarranted” because “there was no criminal intent” to his actions that night.

 

According to a published report, the Manhattan DA has confirmed that Pierce is facing an indictment for removing Burress’ gun from the scene of the crime after the ex-Giants receiver shot himself at The Latin Quarter night club in Manhattan on Nov. 29. Pierce was interviewed by police following the incident and the Giants allowed him to play in their game the next day, believing he wasn’t guilty of any crime.

 

Since then, the Giants haven’t said much about Pierce or his role, but the DA’s recent on-the-record comments compelled Mara to release a statement a few minutes ago.

 

“We have refrained from making any public statement regarding the legal proceedings against Plaxico Burress out of respect for the process,” Mara said in the statement. “Our organization, including Antonio Pierce, has cooperated fully with the police and the DA’s office from the outset of their respective investigations. However, since the District Attorney’s office has seen fit to publicly discuss the details of the potential case against Burress and has suggested it will seek to charge Antonio, we feel it is necessary to offer the following:

 

“While we in no way condone Antonio’s decision to be in a nightclub in Manhattan less than two days before a game, we cannot understand the DA’s position that Antonio is subject to criminal charges. When this incident occurred, Antonio reacted out of concern for the health and well-being of Plaxico Burress. His first priority was to make sure Plaxico received proper medical attention for what very well could have been a life-threatening wound. There was no criminal intent on the part of Antonio, who was thrust into this predicament simply because he accompanied Plaxico that evening and because he made the decision to immediately take Plaxico to the hospital. We believe it is unwarranted for the DA’s office to press criminal charges against Antonio under these circumstances.”

 

http://www.nydailynews.com/blogs/giants/20...-pierce-un.html