Negotiations in the gun-possession case against ex-Giants wide receiver Plaxico Burress -- who accidentally shot himself in the leg at a Midtown nightclub last November -- fell apart earlier this year after prosecutors insisted he do two years' state time on a plea to a lesser gun charge, the DA told The Post.
The Super Bowl XLII star was willing to bite the bullet and do jail time, but he wouldn't agree to more than a year, the DA said.
"We've always taken the position that he's going to have to go to jail, whether by trial or by plea," the legendary DA -- who retires at year end after 34 years in office -- said, breaking his public silence about the case.
Oh dear. An unbending DA is not the ideal thing for Plaxico, who is rumored to be "deathly afraid" of jail. I'm not unsympathetic to the man, but this is why, for people who are that afraid of jail, I always recommend a strategy called "not breaking the law."
Plax's lawyer isn't giving up, though. It sounds like he might be willing to take the risk of a trial. Again, from the Post:
Meanwhile, Burress has not ruled out testifying before the grand jury hearing the case, said his lawyer, Benjamin Brafman, who slammed the DA's office for failing to recognize what the lawyer called the "unique" and "sympathetic" circumstances of the self-inflicted shooting case.
"Now that they have drawn a line in the sand, this is going to be a battle," Brafman said, vowing to fight for his client "vigorously . . . and at trial if necessary."
So this situation has the potential to reach its full drama potential.
Also, I imagine that this bit of information from the Post today doesn't help Plaxico's chances of getting a call from a general manager out there looking for a wide receiver. It's still a possibility, since this could all be dragged out so far that Plax still has the time to squeeze a season in before he goes to the clink, but again ... this can't help.
- Plaxico Burress