DA Wants Jail Time For Plaxico Burress: NY Post Report

NEW YORK — Manhattan's district attorney says he wants former Giants wide receiver Plaxico Burress to serve time in prison, the New York Post reported. Robert Morgenthau told the newspaper that Burress, who shot himself with an unlicensed gun in November, was willing to agree to spend a year in jail, but prosecutors insisted on two.

"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 Post for a story in Monday's edition.

A spokeswoman for Morgenthau, Alica Maxey Greene, declined to comment on the Post story or to confirm that the district attorney made the comments.

Burress shot himself in the thigh at a nightclub early on the morning of Nov. 29. He was charged with criminal possession of a weapon and faces up to 3 1/2 years in prison. Burress has pleaded not guilty and is free on $100,000 bail. The Giants released Burress in April.

His attorney, Benjamin Brafman, said he was "disappointed and surprised" that Morgenthau spoke publicly while a grand jury decision on indicting Burress is pending.

"My concern is that the comments by the district attorney's office may have irreparably prejudiced those proceedings," Brafman said Monday. "I am now considering the legal options available to respond."

Brafman had previously said he no longer thought the matter would be resolved through a plea agreement and that prosecutors would take the case to a grand jury. He also said Burress would plead not guilty if the case went to trial.

Burress, who caught the winning touchdown in the final minute for the Giants in the 2008 Super Bowl, also could face disciplinary action by NFL commissioner Roger Goodell under the league's personal conduct policy. Burress has yet to sign with another team and Goodell's office announced in June that the league already had started its examination of the incident.

Comments

[chronic]

Robert Morgenthau told the newspaper that Burress, who shot himself with an unlicensed gun in November, was willing to agree to spend a year in jail, but prosecutors insisted on two.

Yeh well many of aren't surprised.

[iMissMollyIvins]

Giants fans want Burress to do time with the Lions.

[SMolloy]

Wouldn't that be cruel and unusual punishment?

[steamboat]

Throw him in jail unless he signs with my Chicago Bears. Then it becomes leave him alone.

Seriously, we are only 2 votes away from getting a law whereby we can carry our weapons concealed across state lines and from state-to-state. I CAN"T WAIT ! ....Then it'll be ok to actually defend yourself, like it should be.

[cobraxus]

yep everybody armed to the teeth.that works out real well for the gangbangers and the people who get in their way.what about States Rights?

[WebForce1]

I don't know what the law in NY reads, but in Ohio CCW is a max of three years, but no-one gets that much for a first offense unless there are aggravating circumstances. If he had brandished the weapon or menaced someone with it, then naturally you could see them throwing the book at him. But just having it on him is not that bad. On the other hand we don't know all the details. They could have charged him with public discharge of a firearm which is also a felony. It doesn't matter whether he meant to or not, he discharged a firearm in public end of story. So I don't really know how to read this situation. On the one hand you can say the prosecutor is being kind of harsh demanding two years on a first offense, but can you make the claim of vindictive prosecution or racial profiling when clearly he could be charged with additional offenses. I don't know.

[dteg]

I don't think the DA really cares if Plaxico is goes to jail or goes free. I think DA just wants to go to trial. I think the DA thinks if he can get a good amount of time on TV it might turn into him getting on a cable show.

[dteg]

If DA was not looking for cable show or politcal office as tough on crime person, He would take the deal Plaxico lawyer offered. The DA is grandstanding why else wouldn't you take a slam dunk conviction on first offense case.

[WebForce1]

You could be right, but unless you have anything at all to support that assertion then it's just a wild guess. Just as we can't leap to the conclusion that Burress was there to murder someone with his handgun, we can't assume the prosecutor's motives either. Maybe he's just a hard nosed DA that doesn't give out breaks to anyone. Or maybe he holds minorities to a stricter standard. Without proof or even any evidence to suggest any of these things it's pure speculation.

[dteg]

Don't see why the DA doesn't jump at the 1 year deal. They risk him walking free by having a jury trial.

[dteg]

So there must not be many shootings in NY since hand guns are outlawed.

[SMolloy]

Who said hand guns are outlawed in NY?

[Winston Smith]

More racial profiling.

[argentino]

racial profiling?

if everything to you is always racial:

then why not just have a different set of laws officially on the books for african-americans than everyone else?

with little to no consequences and little to no jail time...

then i'd like to hear the explanation given to african-american children on why they are held to lower standards than the rest of society...

[DCCommuter]

there is racial profiling and also gender profiling. If Lindsey Lohan had done this, do you think she would go to jail for 2 years? If you are a man--you are held more accountable. And if you are a minority, you are held more accountable.

[Waitaminute]

There are a different set of laws, not on the books, not official, but understood.

'then i'd like to hear the explanation given to African-American children on why they are held to lower standard thean the rest of society" in the first place you can insert White-American in place of AA. because its just the opposite when it come to charging and sentencing of AA as opposed to White American. Why don't you ask your children, why they think an AA should get an automatic 5 year prison term for crack and WA get probation or 1 or 2 years for the same amount or more cocain?

[dteg]

Where is the NRA on this. If it was Ely Manning they would be jumping up and down and going crazy about your right to carry a gun

[WebForce1]

The NRA, as bad as they are do not advocate the "illegal" carrying of concealed weapons. They advocate the legal carrying of concealed weapons. Manning would not receive support from them in this situation either. That's assuming that Eli Manning, a well known athlete and public figure would be stupid enough to carry a concealed weapon into a night club.

[pfc1369]

No way on earth he should do jail time for shooting himself, even if he was carrying illegally.

[DCCommuter]

Every time someone is sentenced in the US, they should post what other people have gotten for the same crime. There is no fairness.

[pat8942]

Plaxico Burress, sounds like the name of a pharmaceutical company.

[pfc1369]

Window & Transport Corp.

[kathy001]

I think jail time is ridiculous for this offense. Burress shot himself, not someone else. I can understand a fine - but with prisons severely overcrowded and the costs to maintain them skyrocketing, I find this insistence on jail time nothing but a political ploy.

[PATina]

I have to agree. You have states that are letting petty criminals out of jail because of budget constraints.. yet NYC is more than willing to spend the money on something petty like this.

[pat8942]

He should be sentenced the same as anyone else, you can bet if he was Mr. Nobody he would already be serving his sentence.

[DCCommuter]

Mr. Nobody from the suburbs? Or the ghetto? Or a trailer park? It makes a difference.

[Waitaminute]

Acxtually not. If he was "a nobody" he would more then likely be looking at a find and a year probation. Especially for a first offense. It because he's Plaxico, this prosecutor sees an openning to farther his career. That has been my experience watching court proceedings. This is overreaching. Kind of like the football player from Atlanta who got 23 months and lose millions for animal cruelty, where others get $250.00 finds and probation.

[MadCroation]

If he was white with the money he has they would have swept it under the rug by now.

[DCCommuter]

Has a white person in NY ever gone to jail for shooting himself?

[chronic]

I seriously doubt it!

[UncleJimbo]

Odd how Conservatives are NOT defending him,when they introduced a Bill in Congress to allow consealed carry nationwide! Where is the NRA on this? Raycyst much? Oh Yeah!