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BlastFurnace
07-27-2009, 08:39 AM
http://profootballtalk.nbcsports.com/2009/07/27/giant-awakens-in-burress-case/

Giant awakens in Burress case
Posted by Mike Florio on July 27, 2009 8:29 AM ET
It took nearly eight months, but it finally has happened.

Prosecutors are poised to throw the book at Plaxico Burress.

Manhattan district attorney Robert Morgenthau says that his office wants Burress to spend significant prison time for carrying an unlicensed and loaded firearm in New York City on Thanksgiving weekend, 2008.

The evidence against Burress is fairly clear, given that the gun he allegedly kept in the waistband of his sweatpants blazed a trail through his thigh.

"We've always taken the position that he's going to have to go to jail, whether by trial or by plea," Morgenthau told the New York Post.

Morgenthau also disclosed that plea discussions broke down with prosecutors insisting on a two-year prison stay, and with Burress willing to do only one year behind bars.

That contention is perhaps the biggest surprise, given Giants radio and NFLN play-by-play announcer and Sirius NFL Radio host Bob Papa's report from late May that Burress balked at a two-month term because he's "deathly afraid" of going to jail.

Of course, it's possible that Burress turned up his nose at a relative slap on the wrist earlier in the year, and that Morgenthau only recently has decided to push the case aggressively.

The D.A.'s new stance possibly results from public pressure that mounted after a three-month continuance of the case in June, which created the distinct impression that Burress would be able to play football this year before having to deal with the charges in early 2010. (The Commissioner has since thrown cold water on that possibility, with a suspension likely coming soon.)

In our view, lawyer Benjamin Brafman didn't help matters by calling out Mayor Michael Bloomberg for publicly stating that people who carry guns illegally in New York are destined for the "slammer" while keeping quiet on the Bernie Madoff case.

So with any chance of a favorable plea deal gone, Brafman is preparing for a fight.

"Now that they have drawn a line in the sand, this is going to be a battle," Brafman said, adding that he is "bitterly disappointed" that a plea deal has been rejected and that the case will proceed.

Burress might be more than bitterly disappointed before it's all said and done. If he's convicted, Burress will face a mandatory sentence of 3.5 years

BlastFurnace
07-27-2009, 08:48 AM
Admittedly, I am not an expert in the law, but help me out here.

Do some of you feel that the Manhattan DA is going after Plaxico this hard because he is a high profile offender?

HometownGal
07-27-2009, 08:53 AM
Admittedly, I am not an expert in the law, but help me out here.

Do some of you feel that the Manhattan DA is going after Plaxico this hard because he is a high profile offender?

Nope- I don't think that has anything to do with the DA attacking this matter so aggressively. Burress broke the law, the DA tried to work a deal with him (which was basically a smack on the wrist), Mr. Egomaniac turned his nose up at it and the DA is now going full steam ahead with both barrels blazing.

Personally, I hope the lughead gets the max.

BlastFurnace
07-27-2009, 09:17 AM
Nope- I don't think that has anything to do with the DA attacking this matter so aggressively. Burress broke the law, the DA tried to work a deal with him (which was basically a smack on the wrist), Mr. Egomaniac turned his nose up at it and the DA is now going full steam ahead with both barrels blazing.

Personally, I hope the lughead gets the max.

I haven't followed this case that closely. I didn't realize that they had tried to deal with Plex about this.

stlrtruck
07-27-2009, 09:18 AM
Admittedly, I am not an expert in the law, but help me out here.

Do some of you feel that the Manhattan DA is going after Plaxico this hard because he is a high profile offender?

Chances are if this was an everyday Joe carrying the gun, then this case would have already been resolved with said person behind bars serving the required 3 years.

Personally, I feel it was delayed because of his status!

fansince'76
07-27-2009, 10:54 AM
Chances are if this was an everyday Joe carrying the gun, then this case would have already been resolved with said person behind bars serving the required 3 years.

Personally, I feel it was delayed because of his status!

What he said, and I'll still be surprised if he sees one day behind bars.

steelreserve
07-27-2009, 10:57 AM
Admittedly, I am not an expert in the law, but help me out here.

Do some of you feel that the Manhattan DA is going after Plaxico this hard because he is a high profile offender?

No, the DA is going after Plaxico this hard because he already offered a slap-on-the-wrist celebrity plea deal and Plaxico told him to f**k off.

When this first happened, I predicted right away that despite all the tough talk and mandatory minimum sentences, they'd give him some plea bargain where he had to do 30 days in jail and wear an ankle bracelet for a few months, claiming they didn't have the resources to take every case to trial, especially with the budget being the way it is, etc., etc... That's exactly what they did, but, like an idiot, he turned them down. So what other choice does the DA have but to go to a trial? Burress deserves exactly what he's going to get.

T&B fan
07-27-2009, 02:08 PM
someone has posted the #s on everyday Joe's getting jail time for this in NYC and its low . like 22% go to jail ... I was hopeing and saying he would end up in jail from the start of this and looks like it could still happen .

MasterOfPuppets
07-27-2009, 02:37 PM
Admittedly, I am not an expert in the law, but help me out here.

Do some of you feel that the Manhattan DA is going after Plaxico this hard because he is a high profile offender?
no its because he's black.... just ask al sharpton..:popcorn:

TackleMeBen
07-27-2009, 06:15 PM
no its because he's black.... just ask al sharpton..:popcorn:
the sad thing is, you might be right :doh:

TackleMeBen
07-27-2009, 06:41 PM
i found this on the cowboys board, and thought it was funny...lol:rofl:
http://profootballtalk.nbcsports.com/wp-content/uploads/2008/12/shoot_thigh2.jpg

HometownGal
07-27-2009, 06:59 PM
I haven't followed this case that closely. I didn't realize that they had tried to deal with Plex about this.

Morgenthau also disclosed that plea discussions broke down with prosecutors insisting on a two-year prison stay, and with Burress willing to do only one year behind bars.


Sorry Plexidouche - you aint calling the shots here pal.

Preacher
07-27-2009, 07:03 PM
Sorry Plexidouche - you aint calling the shots here pal.

You know... sometimes I just have to shake my head at the idiocy of players today.

But I have to wonder, 2 years for dogfighting, 2 years for carrying a concealed weapon...

Does that sound equable? Sure doesn't to me.

cubanstogie
07-27-2009, 07:11 PM
You know... sometimes I just have to shake my head at the idiocy of players today.

But I have to wonder, 2 years for dogfighting, 2 years for carrying a concealed weapon...

Does that sound equable? Sure doesn't to me.

hard to say, Plax could have killed someone. I like the stern message sent. There is no rhyme or reason to our judges' judgment. Most of them don't use good judgment, I think their title should be changed. I am tired of people getting slaps on wrists for breaking the law.

Godfather
07-27-2009, 07:11 PM
But I have to wonder, 2 years for dogfighting, 2 years for carrying a concealed weapon...

Yep. It's been bothering me all along that someone can get three years just for HAVING a gun.

BlastFurnace
07-27-2009, 07:32 PM
Yep. It's been bothering me all along that someone can get three years just for HAVING a gun.

...and how much time did Donte Stallworth get for murdering someone with a car when he chose to drive drunk....:banging:

RoethlisBURGHer
07-27-2009, 07:37 PM
Yep. It's been bothering me all along that someone can get three years just for HAVING a gun.

Three years for concealing an unregistered handgun, and I am sure there is probably something in there for not having a license to conceal.

Now if the gun was registered, and he had a license to carry a concealed handgun...the only two problems for Burress would be that he took the concealed weapon into an establishment that serves alcohol and he discharged the gun in city limits.

Everyone has the right to bare arms, but there is doing so legally and doing so illegally, and Plax chose to do so illegally and therefore is paying the consequences for that choice.

And before anyone starts calling me names, I am an advocate for the right to bare arms. I just prefer the people do so in the legal manner and not the illegal manner.

TackleMeBen
07-27-2009, 07:42 PM
...and how much time did Donte Stallworth get for murdering someone with a car when he chose to drive drunk....:banging:
i think he got like 23 days in jail and a bunch of community service and probation and cant ever have a license again.

MasterOfPuppets
07-28-2009, 01:34 AM
i think they should give him the option of shooting himself again , in the knee cap with a .357, or 2 years behind bars...:noidea:

RoethlisBURGHer
07-28-2009, 02:25 AM
i think they should give him the option of shooting himself again , in the knee cap with a .357, or 2 years behind bars...:noidea:

:toofunny::sofunny: Agreed!

Fire Haley
07-28-2009, 02:37 AM
But I have to wonder, 2 years for dogfighting, 2 years for carrying a concealed weapon...

Does that sound equable? Sure doesn't to me.

No, I'll agree with you here - this is complete bullcrap . screw the City of New York and it's anti-gun mayor that wants his picture in the paper,

This is a political thing - the thugs in government think they can make an example of this guy. Mandatory sentencing laws in cases like this are PC political bullcrap.

Plex harmed no one but himself, it's ridiculous. Stallworth must be laughing his ass off, he got away with murder.

Preacher
07-28-2009, 03:31 AM
Thing about the Stallworth case, after I read what everyone said, was that it wasn't actually all his fault. Sure, he was drunk. But from what I understand, the guy wasn't in teh crosswalk, and was crossing a busy crossway to catch a bus.

Matter of fact, I wonder, If Stallworth hadn't been drinking, if he would have even been charged.

Plax... well, he hid a weapon. Yes, that is bad. You cannot carry concealed, ESPECIALLY into a private place (which businesses are). Many states even have special laws against firearms in the same buildings as alcohol, which I completely understand. I also understand that he should be punished for discharging a firearm in an establishment when it was not self defense.

What I DONT GET is how those two things add up to breeding, raising, fighting, and killing dogs for the purpose of making money.

Fire Haley
07-28-2009, 09:55 AM
Thing about the Stallworth case, after I read what everyone said, was that it wasn't actually all his fault. Sure, he was drunk. But from what I understand, the guy wasn't in teh crosswalk, and was crossing a busy crossway to catch a bus.

Matter of fact, I wonder, If Stallworth hadn't been drinking, if he would have even been charged..

"He was drunk when he ran over a guy, but that doesn't matter" isn't much of an argument.

They victim is still dead and Stallworth got 30 days.

Plex has accidental gun discharge in a bar, which hurts no one but himself, and gets 2 years in prison. Half the NFL players carry weapons, he had the bad luck to be in NYC when this happened.

Seems like his lawyer agrees with me...


Plaxico Burress' lawyer argues for Donte Stallworth-like sentence or less

Donte Stallworth got 30 days in jail for killing someone driving drunk, while Plaxico Burress is facing 3-1/2 to 15 years in prison for shooting himself in the leg.

And Burress' attorney, Benjamin Brafman, doesn't think that's fair.

In an interview Tuesday night on Sirius NFL Radio's Late Hits, Brafman made sure to point out the "real disparity" in those two cases involving NFL wide receivers - a disparity that's now part of his argument for leniency in Burress' victimless crime.

"Donte' Stallworth, who is I think a fundamentally decent man, took a plea in a DWI case in which someone was killed and the jail sentence there was 30 days," Brafman said. "There are other components to the sentence - there'll be probation and community service and house arrest - but they gave him 30 days and someone ended up dying.

"In our case there is no victim. So I think I have a powerful argument as to why there should be a lenient sentence here. I just haven't gotten the district attorney to agree with me yet."

http://www.nydailynews.com/sports/football/giants/2009/06/17/2009-06-17_plaxico_burress_lawyer_argues_for_donte_stallwo rthlike_sentence_or_less.html#ixzz0MZA0HtRi

stlrtruck
07-28-2009, 11:08 AM
The difference being that Donte's case was in Miami and Plaxico's is in NY. Two different cities, two different sets of laws, and obviously one person was willing to work with the DA instead of saying, "NOPE, won't take it"