Plaxico Burress gun case

[snuffy]

Attorney: DA unreasonable with Plaxico

http://www.fannation.com/truth_and_rumors/view/112872-attorney-da-unreasonable-with-plaxico


To Plaxico Burress's lawyer, Benjamin Brafman, and Antonio Pierce's attorney, Michael F. Bachner, the case has dragged for the past eight months because of an overzealous prosecution. The Manhattan district attorney's office, however, views it as a carefully considered case that follows the office's norms. After months of plea negotiations between the district attorney's office and Brafman, whose client was charged with second-degree possession of a weapon, ended in a stalemate, the case was sent to a grand jury, which could vote on an indictment as early as Monday. "I am frustrated, I am angry, but most of all I am deeply saddened by the lack of compassion and the lack of flexibility," Brafman said. "It could have ended eight months ago if anyone were willing to have a sane, rational conversation with me about a reasonable solution." If convicted of second-degree possession of a weapon, Burress would have to serve at least three and a half years in prison -- a scenario that Brafman said had made plea negotiations difficult. But even with the mandatory minimum, Brafman has maintained that Burress deserves leniency because he bought the gun legally in Florida, he did not possess the gun to commit a crime, he was the only person injured and he was forthcoming and cooperative with the authorities.

New York Times

So is his lawyer correct in that Burress should receive leniency because there was no criminal intent and he was ignorant of the law or is the DA being overzealous ?

[Slugger926]

Attorney: DA unreasonable with Plaxico

http://www.fannation.com/truth_and_rumors/view/112872-attorney-da-unreasonable-with-plaxico


To Plaxico Burress's lawyer, Benjamin Brafman, and Antonio Pierce's attorney, Michael F. Bachner, the case has dragged for the past eight months because of an overzealous prosecution. The Manhattan district attorney's office, however, views it as a carefully considered case that follows the office's norms. After months of plea negotiations between the district attorney's office and Brafman, whose client was charged with second-degree possession of a weapon, ended in a stalemate, the case was sent to a grand jury, which could vote on an indictment as early as Monday. "I am frustrated, I am angry, but most of all I am deeply saddened by the lack of compassion and the lack of flexibility," Brafman said. "It could have ended eight months ago if anyone were willing to have a sane, rational conversation with me about a reasonable solution." If convicted of second-degree possession of a weapon, Burress would have to serve at least three and a half years in prison -- a scenario that Brafman said had made plea negotiations difficult. But even with the mandatory minimum, Brafman has maintained that Burress deserves leniency because he bought the gun legally in Florida, he did not possess the gun to commit a crime, he was the only person injured and he was forthcoming and cooperative with the authorities.

New York Times

So is his lawyer correct in that Burress should receive leniency because there was no criminal intent and he was ignorant of the law or is the DA being overzealous ?

If I were sitting on the Grand Jury, I would agree with his lawyer. States should educate their citizens and new citizens coming on some of their rediculous obscure laws that go against the Constitution much like towns are required to post their speed limit signs.:D

Of course intent is a big part of the case, and this is a common law nation where many laws are not enforced due to common sense such as the exact way guns are tranported for hunting. If one were to go by the letter of the law on everything, everyone would be in jail.

[OSTATE84te]

I'm going with overzealous. If this were ANYONE else but a celeb. this would have been pled out and over with. But since it is someone of wealth, they go for the throat, ala Michael Vick.


It's almost like the prosecutors and defense are working together to suck as much $ from the guy as is "legally" possible.

[Carneyman14]

I like how this is in the hunting section

[OSTATE84te]

I like how this is in the hunting section

It's because the prosecutor is obviously on a witch (Wayward Idiot That Capped Himself:D) HUNT. haha

[snuffy]

I like how this is in the hunting section

I put this on here because a majority of the discussion has to do with guns. Following this case the have been several different splits in opinion on it; celebrity vs. non-celebrity treatment; intent vs. actual damage; ignorance of the law vs. personal safety. Reading the comments below each news story shows there is a lack of pubic consensus on it, it has gone from jail him with no mercy to his wound and possible ending of his career is punishment enough.

[Slugger926]

I like how this is in the hunting section

It is interesting because if the letter of the law was followed on hunters, nearly every one of them would be in jail for tranporting their ammo and guns improperly. I think the letter of the law states the guns and ammo should be seperated in different compartments, but many hunters have the guns in the cab with shells in their vests while switching from one field for quail/pheasants to another.

This is one of those "Spirit of the Law" versus "Letter of the Law" cases.

[Slugger926]

I'm going with overzealous. If this were ANYONE else but a celeb. this would have been pled out and over with. But since it is someone of wealth, they go for the throat, ala Michael Vick.


It's almost like the prosecutors and defense are working together to suck as much $ from the guy as is "legally" possible.

That is the most probable case. :D

[Carneyman14]

ok now I see its turned into concealed carry stuff

[InTheKnow]

It is interesting because if the letter of the law was followed on hunters, nearly every one of them would be in jail for tranporting their ammo and guns improperly. I think the letter of the law states the guns and ammo should be seperated in different compartments, but many hunters have the guns in the cab with shells in their vests while switching from one field for quail/pheasants to another.

This is one of those "Spirit of the Law" versus "Letter of the Law" cases.

I say overzealous.

You make a great point and I've come to hate gun laws for this very reason.

Recently, I was researching the gun laws in Texas as I was planning a vacation to Port Aransas. I have a CC permit and I knew Texas would honor my CC permit. However, by the time I finished reading the Texas gun laws - I was so frustrated - I decided there would be a far greater chance of a legal problem than needing my gun. So, I left it at home.

The funniest (saddest) thing I saw at the bottom of the Texas travel document was how the Texas DOT suggests you consult your lawyer before bringing a gun into Texas.

Unfortunately, the more I learn about gun laws, the less I believe they're designed to be followed. It's almost like they're written for the "trial" after an incident....or designed to be used in whatever manner desired, depending on the situation.....

[Donnyboy]

I'm going with overzealous. If this were ANYONE else but a celeb. this would have been pled out and over with. But since it is someone of wealth, they go for the throat, ala Michael Vick.


It's almost like the prosecutors and defense are working together to suck as much $ from the guy as is "legally" possible.

Your kidding right.....being a celebrity almost always gets you out of trouble.

Ask Dante Stallworth who just did 24 days for vehicular homicide...or Lindsay Lohan who carried coke into the police station....lets not forget OJ. If you or I had operated a dog fighting ring where illegal gambling money had crossed state lines and hundreds if not thousands of dogs were mistreated or killed we would not be out in 2 years.

[OSTATE84te]

NOT kidding, there are lots of people in Okla. who have been prosecuted for the exact same operation as Vick, and got probation. Lots of dumbasses shoot themselves and don't serve time.

[Donnyboy]

NOT kidding, there are lots of people in Okla. who have been prosecuted for the exact same operation as Vick, and got probation. Lots of dumbasses shoot themselves and don't serve time.

I'm willing to bet the operation wasn't on the scale of Vick's..... There is a story out of Houston guy with 30 dogs got 10 years.

No state charges were pressed against Vick....this was as much to do with him being an NFL star as anything. Celebrities are in the news daily for something but rarely in the slammer. A great deal of it has to do with having the money to afford a top flight attorney instead of court appointed.....but pure celebrity helps in most cases.

Plax may get worse.....Bloomberg says he wants to make and example....but it will the be exception more than the rule.