Comments on: Could Plaxico be pardoned?

By: Iceberg34

Iceberg34 — Sat, 22 Aug 2009 21:50:52 +0000

I actually would agree with the pardon. I think it is an abuse of discretion to give him 2 years for this–I have a real problem putting first timers away to prison. That is a harsh sentence and everyone deserves a second chance.

By: Kevin Jon Heller

Kevin Jon Heller — Sat, 22 Aug 2009 07:51:10 +0000

As a former criminal-defense attorney and a professor of criminal law, I’m trying to stop laughing. Burress accepted responsibility for the crime? By stupidly going before the grand jury and begging them to nullify the law? Morgenthau had him dead to rights from day one; if Burress had genuinely accepted responsibility, he would have taken the plea deal long ago, not after a grand jury charged him with three crimes instead of one.
And please, spare me the “he didn’t hurt anyone.” The point of the law is to deter people from bringing loaded guns into crowded public venues; the fact that Burress got lucky and only shot himself in no way mitigates the danger his actions posed to others.
Finally, I note that you don’t bother to explain why Burress should have been allowed to plead to possession in the third degree instead of attempted possession in the second degree, the lesser crime to which he was actually allowed to plead. Morgenthau didn’t have to let him plead to anything at all, which is the outcome in 12% of such cases. Burress should be thankful he didn’t get the full 3.5 years.

By: meezle

meezle — Sat, 22 Aug 2009 02:53:24 +0000

Twiz I was the first to say that, you sir are the second person to steal my comment

By: Jeff Smith

Jeff Smith — Sat, 22 Aug 2009 02:12:59 +0000

I am generally the last person to advocate any commutation of a sentence and I support gun control. Scooter Libby should definitely be in jail right now.
All that said, two years seems awfully stiff for a guy who has already suffered the pain and humiliation of shooting himself.
If Patterson commuted it down to one year in prison, I think justice would be served.

By: Kappy

Kappy — Sat, 22 Aug 2009 00:20:09 +0000

Article II, Section 2.1 of the US Constitution states the President “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” It explicitly reads crimes against the US, and the US Supreme Ct has held that the President cannot pardon a person for state crimes. Article 4, Section 4 of the New York State Constitution give the Governor of New York the power to either pardon or grant clemency to a convict. Any applications for clemency, pardons, commutations, or reprieves are kept as a public record by both the Governor’s office and the New York Secretary of State. The Governor must also make annual reports to the state legislature of all such applications.
If Burress were to seek a pardon, he would have to apply to the Governor of New York, not Mesiah Obama. If or when he does so, it’s public record and I am sure ESPN will run a 10-day report on it.
Generally speaking, pardons are NOT granted for politically motivation prosecutions or convictions. Pardons are granted to those conviced defendants who display sincere remorse; take responsibility for their actions; and make a concerted effort to rehabilitate themselves through work within the community. Burress’s sentence can be seen as harsh for a victimless crime, but the bottom line is that New York law states that if you carry an illegal firearm and are convicted, you MUST serve a mandatory minimum of 3.5 years in prison. Possession of a firearm is considered a violent felony, therefore Plax is going to big boy prison, not jail. This sentence was given to serve as a general deterrent. The prosecution is telling people that if you carry an illegal firearm in New York, you’re going to prison regardless of who you are. This type of sentence serves as an important public policy statement and Governor Patterson will not touch this case for many reasons. Plus, his approval ratings are in the toilet (low 20′s) and he’s fighting off people in his own party in an attempt to get the nomination for 2010. He’s not going to voluntarily enter himself into a controversy that he can be viewed as soft of gun control. It’s liberal doctrine to have strict gun control policies.

By: BigBear

BigBear — Fri, 21 Aug 2009 23:47:33 +0000

My money is on Beck starting the rumor.
Gah, slow news day.

By: Twiz

Twiz — Fri, 21 Aug 2009 23:42:46 +0000

No matter what, you cannot get past the fact that the man wore SWEATS to a NY nightclub. That alone deserves jail time. Just how stupid can a black man be?

By: Givner

Givner — Fri, 21 Aug 2009 23:41:07 +0000

Didn’t you ever think that they were trying to help Plax? Think about it … he won’t shoot himself in jail and a drunken Stallworth won’t run him over.

By: Smush Rodrigez

Smush Rodrigez — Fri, 21 Aug 2009 21:54:42 +0000

Post should have read:
Some wishful Plax fans (or Glen Beck) started a rumor about an Obama pardon but were too stupid to realize that this was not a federal crime. So, either wishful thinking or someone trying to use Twitter to (successfully) stir the pot.

By: PypersRealm

PypersRealm — Fri, 21 Aug 2009 21:31:59 +0000

I feel bad for Burress. Two years is ridiculous. The law was intended to punish bad guys and thugs. Burress is neither. Who benefits from this?
Having said that, any outrage should not be directed only at getting Burress out of prison but on restoring some common sense to the law as well. Calling for a minimun sentence of 3.5 years is a gross abuse of power.
The guy should be doing no more than 90 days in jail plus a gazillion hours of community service talking to kids. Our idiotic prosecutor, judge, and legal system missed an excellent opportunity to allow something good to come from this mess.
It actually makes me want to do violent things to that judge and prosecutor. Shame on them!
…and no, I’m not a Giants fan.

By: Popeye

Popeye — Fri, 21 Aug 2009 21:31:35 +0000

Get Bubba Clinton involved. He pardoned tons of terrorists, cop killers and criminals. Plaxico fits right in.

By: iamcool

iamcool — Fri, 21 Aug 2009 21:10:04 +0000

“Burress has accepted responsibility for his crime”
Yeah, just like Vick. You sir are a Liberal POS. Plax is just luck he only shot himself. That would be a typical celebrity BS. Your motives are obvious. All of the talk and spanking your monkey over the Plax news, and now you support his release. Just for the news my friend. You sir are a douche and I am done!

By: MacDaddy

MacDaddy — Fri, 21 Aug 2009 20:57:52 +0000

“Or even a commutation of the sentence, like the one Scooter Libby received from President Bush after being convicted for lying to federal investigators.”
Bush never pardoned Libby. As usual, Florio’s bias and white guilt comes out.

By: Scoop

Scoop — Fri, 21 Aug 2009 20:42:51 +0000

I’m baffled. The dude skirted a MANDATORY 3.5 year sentence, and we’re debating pardon because he’s a baller? A smug, insolent, spit-on-the-public baller no less? The guy is a thug personafied and keeping him off the streets for two years is called service to the public, not a politically expedient witchhunt.
I mean, come on, he was too careless and cavalier to understand the death machine he had stuffed in his $1,000 sweatpants. That’s maliscious indifference at the very least.
Me thinks some values have become skewed by sport.

By: mholt59

mholt59 — Fri, 21 Aug 2009 20:40:18 +0000

bbq:
If he shot himself in the leg, at home, I would agree with you. But he did it in a CROWDED NIGHTCLUB WITH AN UNLICENSED GUN, WITH THE SAFETY OFF. Come on, think.

By: tr975

tr975 — Fri, 21 Aug 2009 20:21:58 +0000

Instead of pardoning Burress because his sentence seems “harsh” compared to other players, why not work to try to get those other penalties that made this one seem harsh lengthened? Stop coddling these athletes instead of suggesting that the government intervene and coddle this one even further.
Without a doubt, Donte Stallworth got off too light in his sentencing. The next time a Donte Stallworth situation pops up, call for the judges and juries to treat them just as they would a normal person, same penalties and same time in jail. There’s your deterrent to the next player. “Wow, if I do the same thing, I might be in jail for 2 or more years” instead of “Oh well, I will just have my lawyer ask for a pardon” or “Oh well, I will be out in 2 weeks, no big deal”.

By: patssb363839

patssb363839 — Fri, 21 Aug 2009 20:12:29 +0000

Did Bdub actually state that people from Texas have brains??? Yeah, and Dubya is a rhoads scholar! LMAO

By: VoxVeritas

VoxVeritas — Fri, 21 Aug 2009 20:08:50 +0000

“Shoot yourself in the leg by accident and go to jail for two years?”
No… carry an unlicensed firearm in NYC and face up to 3.5 in jail whether you shoot yourself or not. The hole in his leg is a testament to his stupidity. He got off extremely light. He could have been prosecuted for lots of other stuff.

By: JunkYardDogg1156

JunkYardDogg1156 — Fri, 21 Aug 2009 20:07:25 +0000

# Wellsee says: August 21, 2009 5:29 PM
If Burress had been caught JUST carrying the weapon illegally, I’d be more likely to agree with the idea of a pardon since so little separates 2nd degree from 3rd degree. But the weapon was discharged, and that changes it for me. It doesn’t matter that it was accidental (although I’m not comfortable with that term either; since a safety wasn’t engaged, it is more negligence than accident), or that no one else was injured physically (barely). He did enough wrong to warrant jail time.
——————————————————-
Beautiful work Wellsee – This says it all – negligence is exactly what it was.

By: Alpheratz

Alpheratz — Fri, 21 Aug 2009 19:32:24 +0000

Libby should have never been in the courtroom.
The prosecutor already KNEW Richard Armitage was the source of the Plame information, but he was on a witch hunt for Dick Cheney or Karl Rove or both.
That whole “investigation” was a sham.
As far as Plastico, I assumed when I first read this that Florio was talking about a pardon via the Governor, not Obama.
The “mandatory” sentence has already been proven a farce.

By: runningamuck

runningamuck — Fri, 21 Aug 2009 19:25:56 +0000

Just a thought.
They do have Political Immunity.
Why not Professional Athlete Immunity, we’re close anyhow.
Then all of you who feel the penalties for Burress, Vick, Blow J, lets see, he nearly cut a woman’s head off, is to harsh, can rejoice when the justice system would deem this behavior normal, what do you think ?
Also when one of these thug like douche bag athletes kills a family member, rapes your sister, throws your dog into oncoming moving traffic, you will agree that there should be no penalty for that…sounds go to me.
Where do I sign up ?
You wonder why our sports youth today have no clue, commit crime, receive a slap on the wrist, and come back and make millions, in which you will be just foolish enough to pay for when you purchase you ticket to see this SCUM of the earth perform. Commentary that athletes get a raw deal, when they kill someone and have to serve time, is excessive, you are right, no big deal, there celebrities, they deserve a pass.
Wake the ‘F’ up !
The athlete you save, might just be kind enough to
thank you…by killing your loved one.

By: unkl fil

unkl fil — Fri, 21 Aug 2009 19:22:02 +0000

gimme a break – Burress is not contrite at all – he’s just spoiled – no pardon!

By: dawk

dawk — Fri, 21 Aug 2009 19:20:55 +0000

Irrational thinking = irrational post. Florio, you ARE a lawyer, right? Since when does the penalty for a crime (non-federal) in one state have anything to do with the penalty for a crime, maybe even a more serious crime, in another state? Using your illogic, every defense lawyer should scour the laws of the individual states when defending a client on a particular state/local charge and demand that only the lightest penalty they could find should apply. Vick didn’t break New York law. Stallworth didn’t break New York law. Burress DID. Each was sentenced according to that state’s laws. The penalty phase for Burress depends ONLY on New York law. If not, his defense team only need find one state where this kind of irresponsibility would be accepted without penalty and demand that their client go completely unpunished. You confuse the issue. This has only to do with Burress and New York.

By: kayC

kayC — Fri, 21 Aug 2009 19:20:42 +0000

“I am so disgusted with government and society in general that I just live my life and ignore all the BS that doesn’t affect me.”
Except when you drop in on sports forums to regurgitate a stale, misinformed Democrat talking point or two.

By: hayward giablommi

hayward giablommi — Fri, 21 Aug 2009 18:55:55 +0000

@ tom coughlin’s coat holder
You know, my first instinct was that I wasn’t sure Bush even did pardon Libby. Touche.
Don’t get me wrong, I stay up on current events, but I am so disgusted with government and society in general that I just live my life and ignore all the BS that doesn’t affect me.

By: norseman69

norseman69 — Fri, 21 Aug 2009 18:53:30 +0000

Hey! how about some credit I posted that yesterday here on the board mentioning Plaxio should only serve 6 months and the Governor should issue a pardon…the time doesn’t fit the crime..

By: Guru Gruden

Guru Gruden — Fri, 21 Aug 2009 18:46:39 +0000

“Too bad Obama is so into gun control and it won’t happen…”
Last I checked its August and you still have your precious (and necessary, apparently) assault rifles, as well as your hunting guns and pistols in tow for when you guys hop on board your all-expenses paid buses to your coached and staged crying sessions at the townhalls. Next.
Oh and it never fails to make me laugh when someone calls him savior, yet 43 was the one to say he was anointed by God to higher office. Keep it up guys, you’re doing awesome!

By: republiKKKans_suck

republiKKKans_suck — Fri, 21 Aug 2009 18:37:52 +0000

this just reeks of mayor bloomturd & his hitleresque views towards guns & gun-owners. 24 days for running over a man while drunk, 19 months for brutalizing dogs, and an idiot like burress gets 2 years? no wonder screw york has such problem with crime.

By: someguy

someguy — Fri, 21 Aug 2009 18:25:18 +0000

Your feelings towards Buress and your feelings toward Vick are logically inconsistent. Both guys thought they were above the law and could do whatever they want. Both did bad things. Buress could easily have killed an innocent person, so don’t minimize what he did.
Yet you want leniency for Buress but you want the harshest possible punishment for Vick. What bias lies underneath this?

By: bbq

bbq — Fri, 21 Aug 2009 18:00:38 +0000

While Plaxico Burress is an idiot for trying to keep it thug and carrying a loaded handgun, I do feel that the penalty he received is grossly stiff.
Shoot yourself in the leg by accident and go to jail for two years? Give me a break. I feel for the guy.