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Thursday, July 30, 2009
 
Plaxico Burress: The Jury Nullification Strategy?

I have a new column on SI.com concerning Plaxico Burress' unusual decision to testify before a grand jury. Here's an excerpt:

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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.

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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.

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To read the rest, click here.





3 Comments:

I guess it's not his fault that the pants he was wearing had a gun in them. That could happen to anyone. His friend and teammate Antonio Pierce in a humanitarian move drove him to the hospital and brought the gun back to NJ so it couldn't hurt anyone else. I'm surprised Pierce hasn't received a medal for his heroic efforts.

Anonymous Anonymous -- 7/30/2009 10:38 PM  


Nice work as always. I ejoyed your new SI article mentioning the second amendment too. Keep up the great work!

Anonymous kiki -- 8/03/2009 9:59 PM  


Kiki, thank you for those kind words.

Anon, that was very funny!

Blogger Michael McCann -- 8/03/2009 11:20 PM  


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