DA's Office Wants Plax Behind Bars for Years

Manhattan DA Robert Morgenthau made it clear today that his office has no plans to let former Giant receiver Plaxico Burress off lightly for the pending gun charges from his November shooting incident. The DA told the Post, "We've always taken the position that he's going to have to go to jail, whether by trial or by plea."

Apparently Plax was willing to take a one-year sentence in a plea deal for the charges, but Morgenthau and company stuck to their guns and demanded two. That certainly pokes some holes in Burress's lawyer Benjamin Brafman's posing a couple months ago, downplaying any potential jailtime as teams (including the Jets) flirted with bringing Plax on board. Now Brafman is goading the DA by questioning if a jury would be willing to convict Burress due to "sympathetic factors" in the receiver's favor—such as already losing his $35 million contract. Brafman also said that they were "bitterly disappointed" about the DA office's push for a longer jail sentence.

Morgenthau also alluded to the Post that Giant linebacker Antonio Pierce may still face charges for bringing the gun back to Plax's NJ home after the shooting at Manhattan nightclub Latin Quarter. "Law-enforcement sources" told the paper that the DA's office is considering cutting a deal with the Latin Quarter security guard who returned the gun to Pierce in exchange for testimony that could bring the Jodeci-loving defensive star down. Pierce's lawyer called that speculation an "outrageous proposition."

The grand jury is currently out on Burress's fate with Morgenthau saying a decision is expected within the next few weeks. He said that the complicated nature of the case—not any sense of "celebrity justice"—is what has led to such a prolonged period following the arrest. The DA said, "It's only seven months. It's not a lifetime."

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By Billy Parker in News on July 27, 2009 1:57 PM

Comments [rss]

inoyourider

This guy needs jail for his own good.

books

I dont see why he would take the plea - surely a jury would sympathize with him. fck the state. people have a consitutional right to be armed.

Jen Chung

It just seems like Morgy doesn't want to back down.

xmonkeydr

The DA should be careful here. Burris only shot himself and there is no evidence that he was carrying to commit a crime (and good reason to think that he was doing so to defend himself). He also has a legitimate Second Amendment defense given that NY does not issue out of state residents carry permits. All it would take is one juror who is pissed off about NYC's gun laws or otherwise sympathetic (e.g. loss of $35M does seem like enough) to get the whole thing tossed. That it has taken so long for a Grand Jury to even decide to bring charges is not a good sign for the prosecution.