Plaxico Burress - NFL Giants WR charged on 2 felony weapon
counts
12/02/08
NEW YORK -- New York Giants star receiver Plaxico Burress was charged with two felony counts of criminal possession of a weapon in the second degree Monday and released on a $100,000 bond.
Burress, who accidentally shot himself Friday night in the right thigh at a Manhattan nightclub, did not enter a plea on the class C felony charges, though his attorney said Burress planned to plead not guilty.
Manhattan Criminal Court Judge Felicia Mennin ordered Burress to return March 31.
Defense lawyer Benjamin Brafman argued for no bail, saying: "He has 35 million reasons to come back to court" -- referring to Burress' $35 million contract with the Giants.
Prosecutors also released a criminal complaint that provides a witness account from the club where Burress shot himself, the Latin Quarter.
A witness reported hearing a popping sound before Burress' legs began to shake, according to a criminal complaint. It said the person saw a bloody pistol fall out of his pant leg and land on the floor before Burress said "Take me to a hospital."
A grand jury will hear evidence and make a decision on whether Burress will be indicted. Illegal possession of a firearm carries a sentence of 3½ to 15 years in jail.
Police escorted Burress out of a midtown Manhattan police station in handcuffs earlier Monday, placing him in a car in which he was taken downtown for booking and his court appearance.
Burress arrived to the 17th Precinct station shortly after 8 a.m. ET in a black Cadillac Escalade wearing jeans and a black coat.
Burress was silent but held his head high as he was led out of the police station, where a crowd that included Giants fans hovered nearby with cell phone cameras. He was not visibly limping.
Burress had a concealed-weapon permit issued to him in Florida, but records show it expired in May and New York does not recognize out-of-state permits anyway, New York media have reported.
"He is standing tall. He is a mature adult," Brafman said. "I think any professional athlete in this situation would be concerned."
The episode set off a frenzy that showed no signs of letting up Monday: Police said the case could expand beyond Burress, with authorities investigating Giants linebacker Antonio Pierce and whether the hospital Burress checked into failed to report the shooting. The NFL is closely monitoring the developments as well.
According to the New York Post, the hospital, the New York-Presbyterian Hospital/Weill Cornell Medical Center, failed to report the gunshot as required by law after hospital personnel recognized Burress, despite his checking in under a fake name -- Harris Smith.
He also told the hospital he'd been shot at an Applebee's restaurant, the Post reported, citing unnamed sources.
A more detailed timeline of the evening also emerged. Police have looked at security video from the club and hospital and determined that Burress arrived at 1:20 a.m. and left at 1:50 a.m. He arrived at the hospital at 2:04 a.m. and went home 11 hours later.
Originally, police had said Giants running back Derrick Ward was with Burress, Pierce and two other people at the club, relying on information given to them from security guards at the bar.
But Ward's agent, Peter Schaffer, said Ward is no longer a person of interest to the NYPD, the Star-Ledger of Newark, N.J. reported.
Schaffer said Ward told police he was at a Thanksgiving weekend charity event in New York earlier Friday night. Schaffer said police checked out the alibi -- inlcuding video surveillance footage of the event -- and agreed Ward was not with Burress at the time of the accidental shooting, the Star-Ledger reported. An NYPD spokesman declined comment on the report.
Ward said he wasn't with Burress on Friday night, and learned of the shooting on Saturday along with other teammates. He said the last time he saw Burress was "that afternoon [Friday], right after practice."
Asked if he would say where he was Friday night, Ward said: "It doesn't really matter where I was. It just matters that I wasn't with them."
Burress had been allowed to bypass security, even though they knew he was armed, according to a law enforcement official who spoke with The Associated Press on condition of anonymity. The club is said to be fully cooperating in the investigation.
At some point, as Burress was being escorted to a VIP area with a drink in one hand, he somehow ended up fumbling his gun -- .40-caliber Glock -- and it discharged, hitting his thigh. Pierce was with him when that occurred, police said.
Police said they had to track Burress down by canvassing local hospitals, and he had been discharged from New York-Presbyterian by the time detectives got there Saturday. An administrator then refused to give detectives information, citing privacy rules, police said.
The gun was eventually recovered at Burress' house in New Jersey, authorities said.
Pierce was interviewed by NFL security at the Giants' hotel Saturday in Washington, Giants general manager Jerry Reese said.
The New York Daily News has reported that Pierce tried to hide Burress' gun.
Pierce declined to provide specifics about the incident Monday during a radio interview, but said that many facts of the case have been "misconstrued" and "distorted." He has hired an attorney but that he doesn't see himself being arrested, he said.
"Today has been a headache and that's about all I can say," he told WFAN.
The case drew the wrath of New York mayor Michael Bloomberg, who has waged a long fight against illegal guns during his time in office. He called for a full prosecution of state law that requires mandatory prison for carrying a loaded handgun.
"I don't think anybody should be exempt from that, and I think it would be an outrage if we didn't prosecute to the fullest extent of the law, particularly people who live in the public domain, make their living because of their visibility -- they're the role models for our kids," Bloomberg said.
He also lashed out at the hospital, based on the allegation that officials may not have properly reported the shooting.
"It's just an outrage that the hospital didn't do what they were legally required to do. It's a misdemeanor, it's a chargeable offense, and I think the district attorney should certainly go after the management of this hospital. The lame excuse that they didn't know -- this is a world-class hospital," he said.
The hospital said in a statement that officials "take this very seriously, and are conducting a thorough investigation into why this gunshot wound was not reported to the police department in a timely fashion."
Myrna A. Manners, the hospital's vice president for public affairs, told The New York Times: "It's clear that not reporting a gunshot wound is a violation of our policies and procedures." Late Monday night, she told the paper that a person responsible for not reporting the gunshot wound had been suspended.
Brafman refused to respond to media reports about an alleged coverup, other than to say: "I think a lot of what's been in the press is not accurate."
Brafman said Burress is feeling OK.
"If they let him play, he will be able to play," Brafman said. "I think he will be a superstar for the rest of his career."
"My hope is that it plays out well and he can continue his career, because he's a good person I think, with a brilliant athletic career. And it would be a terrible sadness if an isolated incident could ruin a life," Brafman said.
Police expressed frustration with the NFL and Giants officials, saying they were promised that Pierce would appear at a police precinct Monday where Burress went before heading to court. But Pierce didn't show. Detectives also went to Pierce's house in New Jersey and he was not there.
Police said the Giants did send a member of their medical staff to the precinct who may be able to shed some light on what transpired the night of the shooting, and presumably to relay Pierce's version of events.
"It was a universe of silence after this shooting," said Paul Browne, NYPD Deputy Commissioner for public information.
The Giants released a statement disputing the police version of their involvement. "We are working closely with the police and NFL Security," it said. "In the early hours of Saturday morning, as we started to get a sense of what we were dealing with, we did, in fact, notify NFL Security, which then contacted the police."
The NFL is monitoring the case.
"This is a law enforcement matter and we are continuing to cooperate fully with the police," league spokesman Greg Aiello said in a statement. "In addition, it will be reviewed under our league policies."
Brafman met with Burress for about an hour Sunday at the player's home in New Jersey.
"I would ask that his fans, the Giants and the media withhold judgment in this matter until all of the facts have been disclosed," Brafman said in an earlier e-mail to the AP.
Brafman is a well-known criminal lawyer who has defended mobsters and other high-profile figures, including hip-hop impresario Sean "Diddy" Combs on a bribery and gun possession charge in 2001.
Giants running back Brandon Jacobs said he spoke to Burress on the phone after Sunday's game.
"I called him and made a few jokes about the situation and his laugh is what I wanted to hear," Jacobs said, according to Newsday. "If he didn't laugh I knew he was going to be down, which he shouldn't be down. It's a mistake that happened, something that shouldn't have happened and that's that."
Before the shooting, Burress already had been ruled out of the game because of a leg injury.
The Giants say that Burress is required to report to the team's facilities on Tuesday because he's an injured player and injured players require treatment.
Giants spokesman Pat Hanlon told ESPN's Sal Paolantonio: "We have tried to reach out to him and we have not heard from him"
Giants coach Tom Coughlin said he spoke to his players about Burress' situation but wouldn't get into specifics.
"We all are upset about what happened with Plaxico, and hopefully he's going to be fine and so on and so forth. That's our first concern," Coughlin said. "Once that was taken care of, we knew that he was OK, then the guys got right back to focusing on the reason we were here."
Coughlin wouldn't address Burress' future with the Giants, saying only, "Questions of that nature will be discussed going forward, I'm sure."
The team is considering placing Burress on the non-football injury reserved list, which would make him ineligible for the remainder of the season, sources told ESPN's Chris Mortensen. It also would allow the Giants to recover some money already paid to Burress.
According to a person who has seen the contract, Burress' deal signed Sept. 8 includes $4.25 million in signing bonus, of which he has already received $3.25 million. The remaining $1 million is due to be paid within 15 days of Dec. 10, or by Christmas.
The Giants, according to a team source, are currently consulting with team legal counsel to determine if they are within their rights to withhold that remaining bonus money. Additionally, if Burress is suspended for conduct detrimental to the team or incarcerated, they may be able recoup the entire $4.25 million.
Burress caught the go-ahead touchdown pass in the Giants' Super Bowl victory against the New England Patriots in February, following a regular season in which he scored a career-high 12 TDs. He was rewarded with a $35 million, five-year contract, only hours before the current season.
Burress has 35 catches for 454 yards and four touchdowns while constantly drawing double coverage this season.
"I don't think people understand how good of a person he really is," fellow receiver Amani Toomer said after catching a 40-yard touchdown pass in the Giants' victory Sunday. "A good heart. I think he's a good guy."
Information from ESPN's Chris Mortensen, Rachel Nichols and The Associated Press was used in this report.
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Plaxico Burress
Plaxico Burress - Former NFL wide receiver gambles on testimony in hopes of avoiding prison
07/31/09
Plaxico Burress hopes an unusual legal strategy will keep him out of prison. On Wednesday, the former New York Giants wide receiver testified before a Manhattan grand jury on the charges he faces for criminal possession of a weapon in the second degree. The charges, which carry a minimum three-and-a half year prison sentence, stem from Burress accidentally shooting himself in Manhattan's Latin Quarter Club last November. Burress' counsel, Benjamin Brafman, and prosecutors have reportedly been unable to strike a plea deal, with Burress willing to serve one year behind bars and prosecutors demanding two. For a 31-year-old wide receiver, the difference between one and two years in prison could be worth millions of dollars.
The unusual nature of Burress' strategy derives from the dynamics of a grand jury proceeding and his decision to testify in it. In New York, as elsewhere, a grand jury proceeding is completely secret, with defense counsel barred from participating. Under New York law, a defendant enjoys the right to testify, but the grand jury proceeding has no judge and is instead run entirely by the prosecutor. As a result, the prosecutor determines how to apply the rules of evidence, which questions to ask of the testifying party and other facets of the proceeding. Also, unlike a criminal trial's jury, which normally convicts only if each juror is persuaded "beyond a reasonable doubt," only a majority of grand jurors need to vote for an indictment and they only need to have "reasonable cause to believe." To say that a grand jury proceeding is tilted in favor of the prosecution is an understatement.
Depending upon the prosecutor's style and tactics, Burress may have testified in a very hostile environment. By testifying, Burress may have also unwittingly revealed his potential trial strategy to prosecutors. Even worse, if he ultimately faces a trial and testifies in it, his testimony must be consistent with his grand jury testimony, for otherwise he could face additional charges for perjury and obstruction of justice.
Given those drawbacks, Burress' decision to testify would appear unwise. Burress, however, hopes that he persuaded the jurors that he does not deserve prison time. Based on his post-proceeding comments and those of Brafman, Burress likely told the grand jury that he was remorseful and that he takes complete responsibility. He may have also highlighted that he has already suffered from an embarrassing and painful gunshot wound and a loss of employment. Also, by publicly expressing contrition following the grand jury proceeding, Burress may have tried to impress NFL commissioner Roger Goodell, who under the league's personal conduct policy, has sole discretion to suspend Burress.
Unfortunately for Burress, however, any justification and excuse for carrying the gun are irrelevant under New York law. If he possessed a loaded firearm outside of his home or place of business, he committed the crime. It is a bright line matter.
As New York criminal defense attorney and former Manhattan prosecutor Jeremy Saland of Crotty Saland, LLP tells SI.com, Burress' appearance before the grand jury appears driven not by a desire to claim innocence but rather by a desire for jury nullification -- meaning, in this case, the grand jury would decide to disregard the actual law which Burress appears to have broken.
"By humanizing himself beyond the perception that he is a privileged athlete, painting himself as remorseful, and establishing that he was the only one hurt, Burress hopes that he can mitigate and 'nullify' the evidence," Saland says. "Yet, the reality for Mr. Burress is that unless he can sway the emotions of the grand jury towards 'nullification,' he lacks a true legal defense."
Given the strict liability nature of Burress' alleged crime, the grand jury remains likely to vote for an indictment. In the alternative, the grand jury could vote for lesser charges or that Burress walk free. Chances are, though, Burress will be headed for a trial or a plea deal favorable to prosecutors.
Michael McCann is a law professor at Vermont Law School and the distinguished visiting Hall of Fame Professor of Law at Mississippi College School of Law. He is a former chair of the Association of American Law Schools' Section on Sports and the Law.
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Ex-Giant Burress pleads guilty in
weapons case
08/20/09
NEW YORK — Former New York Giant
Plaxico Burress pleaded guilty Thursday to a weapons charge and agreed
to a two-year prison term for accidentally shooting himself at a
Manhattan nightclub.
The ex-wide receiver pleaded guilty to
one count of attempted criminal possession of a weapon, a lesser charge
than he initially faced. Under a plea agreement, he agreed to a two-year
prison sentence and two years of supervised release.
Burress was indicted earlier this month
on two counts of criminal possession of a weapon and one count of
reckless endangerment. He faced a minimum sentence of 3 1/2 years if
convicted at a trial.
Burress' attorney said he hoped to
resume his NFL career when he gets out of prison.
With time off for good behavior, the
two-year sentence could be reduced to 20 months. Sentencing was set for
Sept. 22 and if Burress were to go to prison soon after, he could be
freed as early as the spring of 2011.
The guilty plea ends months of haggling
between Burress' attorney and the Manhattan district attorney's office.
The case went to a grand jury earlier this month after negotiations
broke down, apparently because District Attorney Robert Morgenthau was
insisting that Burress serve at least two years in prison.
Assistant District Attorney Mark Dwyer
said it is standard policy to request a two-year sentence as part of a
plea bargain on such serious charges.
In a Manhattan state Supreme Court room
on Thursday, the soft-spoken Burress, wearing a dark blue suit, peacock
blue shirt and blue tie, first entered a not-guilty plea to the initial
charges against him. After attorneys on both sides conferred, Burress
said, "guilty" to the new attempted weapons possession charge.
His attorney, Benjamin Brafman, said in
court that the 31-year-old Burress was thinking of his family in taking
the plea, although he questioned the recommended prison sentence.
Afterward, Brafman described Burress as having "an agonizing period
of discussion" about taking the plea, but taking it so he could put
the whole episode behind him quickly.
"This was not an intentional
criminal act," Brafman said in court. "In my judgment, a
two-year prison sentence is a very severe punishment."
Burress did not speak to reporters and
left while his attorney addressed the media outside the courthouse.
Brafman called the case "a perfect
example about how bad judgment can have very serious consequences"
and said Burress was treated more harshly because he is a celebrity.
"If Plaxico Burress were not a
high-profile individual, there never would be a case," he said.
"If he were just John Q Public he could have walked out of the club
and he never would have been arrested."
Burress would make a statement at his
sentencing, and would try to begin serving his sentence immediately,
Brafman said. He did not know where Burress would serve his time.
Burress and former teammate Antonio
Pierce were at the Latin Quarter nightclub in late November when a gun
tucked into Burress' waistband slipped down his leg and fired, shooting
him in the right thigh. The bullet narrowly missed a nightclub security
guard who was standing inches away, prosecutors said, lodged in the
floor and was recovered by a bartender.
The gun was not licensed in New York or
in New Jersey, where Burress lived, prosecutors said. His license to
carry a concealed weapon in the state of Florida had expired in May
2008.
Prosecutors said Pierce drove Burress
to a hospital, then took the gun to his own home in New Jersey where it
was later delivered to Burress' home.
Pierce was not indicted. The grand jury
also did not indict the nightclub security guard who carried the gun to
Pierce's car or the hospital staff members who failed to notify police
that Burress had been shot.
Burress, who caught the winning
touchdown for the Giants over the New England Patriots in the final
minute of the 2008 Super Bowl, also could face disciplinary action by
NFL commissioner Roger Goodell.
Brafman said lawyer said he hoped any
sanctions imposed by the NFL would run concurrent with Burress' prison
sentence.
The Giants released Burress in April.
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Ex-NY Giant Burress gets 2 years in gun case
09/22/09
By KAREN MATTHEWS, Associated Press Writer Karen Matthews, Associated Press Writer
NEW YORK – Former Super Bowl star Plaxico Burress was sentenced Tuesday to two years in prison after accidentally shooting himself in the thigh at a nightclub and later reaching a plea deal on weapons charges.
The former New York Giants star tearfully told his family goodbye as he surrendered to begin his prison stint for attempted criminal possession of a weapon.
Burress was indicted on two counts of weapon possession and one count of reckless endangerment and pleaded guilty Aug. 20. He had faced a minimum sentence of 3 1/2 years on those charges if convicted at trial. He pleaded to the lesser charge and agreed to the two-year term.
With time off for good behavior, Burress likely will serve 20 months. He will be monitored an additional two years after he is freed from prison, which could come as early as the spring of 2011.
The Giants released Burress in April, but the 32-year-old told ESPN he hopes to resume his NFL career when he completes his sentence.
Before the hearing began, Burress played with his preschool-age son, Elijah. Then he hugged and kissed his wife, child, father, grandmother and stepmother.
Burress was so soft-spoken during his apologetic courtroom address that onlookers could not understand him.
Defense lawyer Benjamin Brafton said, "This is a very real tragic case in many, many ways." He called Burress "a fundamentally decent man."
Burress, who caught the winning touchdown for the Giants over the previously undefeated New England Patriots in the final minute of the 2008 Super Bowl, and former teammate Antonio Pierce were at the Latin Quarter nightclub in Manhattan last November when a gun tucked into Burress' waistband slipped down his leg and fired, wounding him.
The gun was not licensed in New York or in New Jersey, where Burress lived. His license to carry a concealed weapon in the Florida had expired in May 2008.
Pierce, who drove Burress to a hospital after the shooting, was not indicted.
Brafman previously said Burress was thinking of his family in taking the plea, but the attorney questioned the recommended prison sentence.
"This was not an intentional criminal act," Brafman said the day of the plea. "In my judgment, a two-year prison sentence is a very severe punishment."
Gil Brandt, an analyst on NFL Sirius Radio and the former head of player personnel for the Dallas Cowboys, said Burress won't be too old for a comeback when he's released from prison.
"First of all, Plaxico is a guy who keeps himself in pretty good shape," Brandt said. "Lots of times guys get heavy in the off-season. He is not a guy who has done that."
But Brandt intimated it could be difficult for Burress to reacquire his football skills after so much time on the sidelines.
"It's like a person who has gone to college or high school and drops out of school for two years," he said. "It is hard to reacquire your study habits. I think it is hard to reacquire the work habits you need to be successful when you have been away from the game for two years or so."
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