Burress Got Screwed

[Dark Horse]

It costs society 22K per year to keep one person in prison. Would you rather spend that on keeping society safe from Plaxico or on someone's health care?

This is not about Plaxico. It is about the country and world we choose to live in.

[bruceBRUCEbruce]

He is a good guy

no.

A guy with no proven malice in mind, taken away from his kid for two years.

Donte Stallworth was convicted with DUI and second degree manslaughter, and only spends 30 days in jail.

ah, you contradict yourself. see it? where's the proven malice from Stallworth? hmm?

[grilldoggy]

Agreed, this is similar to the '3 strike' laws. I'll say this - if you're gonna carry a gun, know the local laws, or you could screw your whole life up. There a lot of dumb laws on the books, and books don't discriminate.

[TexansFan]

I dont know what is funnier, you thinking I dont know that.. or you thinking MMS means anything. You think every person caught in nyc with a gun serves 2 years.. get a clue.

You must be related to 5 star.

[TexansFan]

i think texans fan had new england moneyline...just ignore him

another genius here...that's ok, retards are acceptable here...

[TexansFan]

Burress gets two-years for a gun rap.....Donte Stallworth does a month for felony manslaughter.

Wrong, Stallworth got ten years. The fact that most of it is probation doesn't change that fact. The pedestrian was shown to be partly at fault as well.

Is it right? It doesn't seem so. If people don't like the laws then do something to change them.

[BadNina]

You tell'em Texasfan!!! Hi hun!!

[TexansFan]

On a night in January 2007, one of Mayor Michael R. Bloomberg’s deputies for criminal justice addressed a small gathering of lawyers at the New York Bar Association’s office in Midtown Manhattan. In a large conference room, he described how new legislation that he and Bloomberg had spearheaded would reduce gun violence in New York.

Andrew Cutraro for The New York Times

Mayor Michael R. Bloomberg and John Feinblatt, the city’s criminal justice coordinator.



As that deputy, John Feinblatt, addressed the group, he was challenged by several defense lawyers who thought the legislation — which mandated a minimum three-and-a-half-year sentence for illegal possession of a loaded weapon — was unfair. Their complaint was that the new law did not allow for any exceptions. The lawyer most vocal in pressing that point, said several people who attended the meeting, was Benjamin Brafman.

Almost two years later, Brafman finds himself in direct confrontation with that law as he tries to navigate a treacherous legal path for his client, Giants wide receiver Plaxico Burress.

The state law is a direct threat to Burress because he was charged with two counts of illegal weapons possession after he accidentally shot himself in the thigh at a Manhattan nightclub early Saturday morning.

On Tuesday, the Giants suspended Burress without pay for four games and placed him on the reserve/non-football injury list, thereby ending his season. But perhaps more important than the question of whether Burress ever plays for the Giants again is the question of whether his future will include time in prison.

The legislation that Brafman and Feinblatt clashed over that January evening was signed into law in November 2006 by then-Governor George E. Pataki. It eliminated a provision that gave judges the option of not imposing jail time on people found guilty of illegally possessing a loaded firearm.

Instead, the three-and-a-half year minimum sentence was established. As a result, legal experts said Tuesday, Burress may have little wiggle room as he tries to avoid prison time.
“Even if he pleads down, he can only plead down one count and he would still face a minimum of two years in prison,” said Robert C. Gottlieb, a New York-based criminal defense lawyer and a former prosecutor in the Manhattan district attorney’s office.

“The other wiggle room is that he could try and prevent the district attorney’s office from charging him with this crime and charge him with a lesser crime.”

In fact, John M. Caher, a spokesman for the New York State Division of Criminal Justice Services, said that fewer than 10 percent of the people in New York City who were charged with criminal possession of a weapon — the charge Burress is facing — were convicted of that charge and that many ended up being convicted of a lesser charge.

However, Gottlieb noted that the public attention made it unlikely that prosecutors would accept a lesser charge.

Another option, some experts said, would be for Burress to provide authorities with information that would lead them to prosecute others, although that seems unlikely considering the narrow circumstances of his case.

As Brafman begins to plot his legal strategy, he cannot help but think back to that argument with Feinblatt nearly two years ago.

“The point I made then, and I will continue to make, is that laws involving criminal justice that do not have exceptions for extraordinary circumstances are inappropriate in a democracy where we pride ourselves on fair play,” Brafman said in a telephone interview Tuesday.

After Bloomberg was re-elected in 2005, he made reducing gun violence a priority of his administration. As part of that effort, Feinblatt, the city’s criminal justice coordinator, lobbied legislators in Albany to amend the state’s gun laws and eliminate the leeway that judges had in sentencing defendants found guilty of illegal possession of a loaded weapon.

“There was an exception in practice that you could drive a truck through,” Feinblatt said Tuesday in a telephone interview. “If the facts of the case suggested to the judge that there was some sympathetic reason why the defendant should not face time in jail, they could sentence them to anything they wanted, including just probation.”

Under the legislation enacted in November 2006, the discretion that a judge once had is gone. Illegal possession means mandatory jail time.

On Monday, Bloomberg drew attention to the issue when he sharply criticized Burress and said that the authorities should prosecute him to the fullest extent of the law. Brafman said that Bloomberg’s comments damaged Burress’s legal standing.
“When you have the mayor of New York demanding the maximum sentence in a case which has just begun and nobody has been convicted, it certainly doesn’t help,” Brafman said. “Mr. Bloomberg may have cost my client his job and cost him an ability to get a fair trial.”
Another advocate happens to be a New York-based professional player, although he works for the Jets, not the Giants. In 2007, several members of the Jets recorded public service announcements on behalf of Bloomberg. Among them was safety Kerry Rhodes, who trumpeted the new gun law.
“Football is my passion and my life,” Rhodes said in the recording. “Every guy in this league works hard to stay off the sidelines. Did you know that carrying a loaded illegal gun will now get you a minimum of three and a half years in prison? And just like on the football field, there are no excuses, do-overs, ifs, ands or buts. Don’t get sidelined; don’t carry an illegal gun.”
John Eligon contributed reporting.

[TexansFan]

You tell'em Texasfan!!! Hi hun!!

Hey Nina! How you been? You get Mr. Nina in line yet?

[BadNina]

Hey Nina! How you been? You get Mr. Nina in line yet?

No and now you can't arrest him. He is in Iowa. And he hates it there. ya know...now that I think about it, I don't think he is that far from Richie.

[TexansFan]

No and now you can't arrest him. He is in Iowa. And he hates it there. ya know...now that I think about it, I don't think he is that far from Richie.

His job moves him around I'm assuming?

[TheLock]

He got 2 years for being a dumb fvck. Plain and simple.

Millionaire going to the club with a gun (when he's not supposed to have one), when he could afford plenty of private security. He could have shot someones only son or daughter. No clue about gun safety.

Finger off the trigger till your on fvcking target dumbass.

Typical NFL'r trying to be "hard".

[LVHerbie]

He is lucky he didn't shoot off his balls... I don't necessarily agree with strict gun laws but a couple years in jail for accidentally misfiring your gun in public actually seems pretty light to me (yea, I know this isn't what he was sentenced for)... Too bad everyone doesn't do some time when they shoot themselves...

[Nickelicious]

I think it sucks for Burress, but when I'm out at a club, I wouldn't want to think that there's a dozen guys in there carrying heat because they want to "protect themselves." The whole "posse" and "gangsta" culture has its upsides and its downsides. Carrying loaded weapons with the safety off in a crowded club is definitely a downside.

[TheLock]

A guy with no proven malice in mind, taken away from his kid for two years.

Donte Stallworth was convicted with DUI and second degree manslaughter, and only spends 30 days in jail.

He should have thought about his kid before he stuffed a handgun in his pocket before he left for the club that night.


WTF is a millionaire with a small child doing going to a fvcking club anyway with a gun?

[TexansFan]

I think most people would agree that a lot of sentencing laws are screwed up in this country. People who commit murder can do less time than someone caught with dope. Most of the drug laws imo are way too harsh.

The problem with the mandatory minimums are that there are no factors that can be considered when sentencing occurs. The judge is handcuffed and must adhere to the law.

The only point I've been really trying to make is that this entire episode is the fault of one person, Plaxico himself. The guy is loaded, he could hire private security if he chose to do so. He made the decision himself to illegally carry a handgun into a nightclub. The only reason he got caught is because he shot himself.

The laws are pretty strict in places like NY and Chicago. If you live there, and you know how strict the laws are, the decision is yours and yours alone. You know what could happen when you make that decision.

Is the sentence fair? I personally think it's a bit harsh, but to blame anyone but Plaxico himself is wrong.

[Nickelicious]

WTF is a millionaire with a small child doing going to a fvcking club anyway with a gun?

I hear that. He hasn't grown up yet. Hopefully, getting weekly or monthly visits from his baby during his couple years in prison will help him grow up. His money and his child will still be there when he gets out. But so will the clubs. Choose wisely, Plaxico.

[soli]

His Celeb Status got him 2 years

[LVHerbie]

I think most people would agree that a lot of sentencing laws are screwed up in this country. People who commit murder can do less time than someone caught with dope. Most of the drug laws imo are way too harsh.

The problem with the mandatory minimums are that there are no factors that can be considered when sentencing occurs. The judge is handcuffed and must adhere to the law.

The only point I've been really trying to make is that this entire episode is the fault of one person, Plaxico himself. The guy is loaded, he could hire private security if he chose to do so. He made the decision himself to illegally carry a handgun into a nightclub. The only reason he got caught is because he shot himself.

The laws are pretty strict in places like NY and Chicago. If you live there, and you know how strict the laws are, the decision is yours and yours alone. You know what could happen when you make that decision.

Is the sentence fair? I personally think it's a bit harsh, but to blame anyone but Plaxico himself is wrong.

Too much well thought logic in this post... I quit reading after the first sentence...

[BadNina]

His job moves him around I'm assuming?

They have closed their facility in Richmond so he is working out of the Keokuk plant.

Soli, I'm sorry you can't read and comprehend basic English

[Dark Horse]

Think about what this means:

http://www.nationmaster.com/graph/cri_pri_per_cap-crime-prisoners-per-capita

Try to find the second western country.

Lots of third world countries score high.

'Mirror, mirror on the wall.
Who is the stupidest one of all?'

[Bigmikesm]

The only one that cares about him getting two years are Giants fans.

[wtf]

wow dark horse, it is not even fukin close between 1st and 2nd

that is a shocking table

wonder what the table was BEFORE the mentally retarded war on drugs started

[Dark Horse]

wow dark horse, it is not even fukin close between 1st and 2nd

that is a shocking table

wonder what the table was BEFORE the mentally retarded war on drugs started

Embarrassing, isn't it? For a country that thinks of itself as the 'leader of the free world'...

[Shortstop]

Many people dont believe this, but there is better dope in prison than on the streets.

That's a signature worthy quote.

[hanco21]

He got what he deserved

[jsmithj88]

there are too many guns on the streets
if it takes plaxico going to jail to prove a point, then good
as a celebrity, ur either gonna get off easy or ur gonna get hammered
vick and plax got hammered while stallworth got off "easy"
plax he broke the law, and the law says he shud be in jail
case closed

[BarkingToad]

What kind of a stupid moron goes to a club late at night where he feels a need to carry a gun for protection? Never cared for Burress anyway, but Damn, 2 years? The punishment doesn't fit the crime. Do people honestly think he's a menace or threat to society, particularly more so than Leonard Little and Donte Stallworth who killed people and got little or no jail time? Little was arrested years later for drunk driving again, and still playing. Burress won't do this again.

Why has Al Sharpton become mute all of a sudden on Plax's injustice? Name another white person with no criminal record punished this severly for just being stupid for this type of crime. Rich white hockey players can beat up a cab driver over 15 cents. Which is more dangerous? With the state of New York already broke and taxpayer's already burdened, a fairer sentence would be 3-4 months in jail, $300,000 fine, and 1,000 hours community service would get the point across. State would get needed revenue and Burress could resume paying high taxes with the money he'd make.

If we start jailing people for being stupid, most people on Judge Mathis would be going to jail. The buzzed driver leaving a bar is more worrisome to me than Plax. The punishment needs to fit the crime. Come on Al and Jesse, this is no time to be mute.

[jjgold]

The only one that cares about him getting two years are Giants fans.

Well no one gives a fuk except maybe like 10 people in his family. I just think the penalty was harsh.

[Jamerican]

This ranks right up there with one of the most nonsensical post ever made.

Well I was referring to Dick Cheney shooting the guy in the face on accident and doing no time at all. Football player shoots himself, prison.
I agree he should be punished. But to get 2 years is crazy.

[CashMoney]

Phuk em. When he gets out he still have his millions of dollars and will resume his football career. Just plain stupid to carry a phuken gun when you can hire private security or put yourself in a situation where you feel you need to carry a gun.

[BadNina]

But that is what the law states where he lives. In his specific case, he broke the law. Cheney was out hunting and had an accident. As far as was reported he broke no laws. That is the BIG difference. Can you really not see that?

[halftilted]

I know a girl who was beaten and raped... her attacker got 8 damn months plus probation. So let's go and waste a jail cell on this idiot that didn't hurt anyone other than himself. Was he reckless and stupid? Of course. Is he a violent criminal worthy of locking away for two years of his life? Absolutely not.

It's not a question of whether he was treated differently because he is a celebrity. The question is what do these ridiculous gun laws actually accomplish? Gun laws are not a deterrent for the hardened criminal that would actually kill someone. Murder laws would accomplish that if it were the case. Gun laws only keep guns out of the hands of the individuals who are just trying to protect themselves from those that would do harm to them or their families.

My friend's attacker would not have had a chance to do what he did if she was armed, I promise you that.

[masr]

He'll be getting screwed alot more too...by inmates

[jsmithj88]

What kind of a stupid moron goes to a club late at night where he feels a need to carry a gun for protection? Never cared for Burress anyway, but Damn, 2 years? The punishment doesn't fit the crime. Do people honestly think he's a menace or threat to society, particularly more so than Leonard Little and Donte Stallworth who killed people and got little or no jail time? Little was arrested years later for drunk driving again, and still playing. Burress won't do this again. Why has Al Sharpton become mute all of a sudden on Plax's injustice? Name another white person with no criminal record punished this severly for just being stupid for this type of crime. Rich white hockey players can beat up a cab driver over 15 cents. Which is more dangerous? With the state of New York already broke and taxpayer's already burdened, a fairer sentence would be 3-4 months in jail, $300,000 fine, and 1,000 hours community service would get the point across. State would get needed revenue and Burress could resume paying high taxes with the money he'd make. If we start jailing people for being stupid, most people on Judge Mathis would be going to jail. The buzzed driver leaving a bar is more worrisome to me than Plax. The punishment needs to fit the crime. Come on Al and Jesse, this is no time to be mute.

because its not a racial issue