No Hail Mary For Plaxico Burress
Courtesy of MSG Game On
While making the obligatory trip to Florida over the Easter holiday, I was asked by displaced New York Giants fans this question: Why can't Plaxico Burress get a plea deal and return to the team?
To answer this question posed by these well-tanned Giants fans (who still remain bitter about the playoff loss to the Eagles), we have to understand a little bit about criminal law and procedure. There is no question that Plax would love to make a deal. But the star wide receiver is in a very difficult position. Burress is awaiting a grand jury's decision on whether to indict him or not (they almost certainly will). It's the reason why Burress agreed to adjourn the case against him until June and, had Burress not agreed to this adjournment, he would have more than likely have been indicted by now. If he is indicted on a felony weapons charge, he will be facing a prison term of at least three and a half years.
This is where the rock meets the proverbial "hard place." If Burress gets indicted, then any plea deal that does not involve jail time could easily be construed as favoritism (just ask Mayor Bloomberg). Even to get to a "non-jail" disposition, the felony counts would have to be dismissed and Burress would plead guilty to a misdemeanor charge. This type of dismissal is only appropriate when the prosecution could not prove a felony weapons charge (you know, they don't have eyewitnesses, the gun and a gun-shot wound, like this case).
I hope the lucky prosecutor who gets that job is a big Giants fan and needs help paying for a Personal Seat License.
Based on all the information known, the logical prediction is that Burress will get indicted and never play for the Giants, nor any NFL team ever again if he is convicted.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.