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

I have a new column on 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, 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.


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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