Lawyer: Burress will testify at grand jury

Lawyer: Burress will testify at grand jury

NEW YORK (AP)—Former New York Giants wide receiver Plaxico Burress(notes) will testify before the grand jury that is investigating weapons charges against him, his lawyer said Tuesday.

Attorney Benjamin Brafman said Burress would testify at 10 a.m. Wednesday.

“He’s going to go in and tell the truth,” Brafman said.

Burress, 31, shot himself in the thigh at a Manhattan nightclub early on the morning of Nov. 29. He was accompanied by teammate Antonio Pierce(notes), who still could be charged in the case.

Burress was charged with criminal possession of a weapon and faces up to 3 1/2 years in prison. Burress has pleaded not guilty and is free on $100,000 bail. The Giants released Burress in April.

The New York Post reported Monday that Manhattan District Attorney Robert Morgenthau is insisting on jail time for Burress.

“We’ve always taken the position that he’s going to have to go to jail, whether by trial or by plea,” Morgenthau told the newspaper.
FILE - In this Monday, June 15, 2009 file photo, former New York Giants wide receiver Plaxico Burress(notes) arrives at Manhattan criminal court in New York. Manhattan's district attorney says Burress will have to serve jail time, the New York Post reported Monday, July 27, 2009.
FILE - In this Monday, June 15…
AP - Jul 27, 7:58 am EDT

Brafman blasted Morgenthau for speaking out about the case, saying the district attorney’s comments could prejudice the grand jury proceedings.

Asked about Burress at a news conference Tuesday, Morgenthau refused to comment.

Burress, who caught the winning touchdown in the final minute for the Giants in the 2008 Super Bowl, also could face disciplinary action by NFL commissioner Roger Goodell under the league’s personal conduct policy. Burress has yet to sign with another team and Goodell’s office announced in June that the league already had started its examination of the incident.

In a statement Tuesday, Giants President John Mara defended Pierce’s actions, which included taking Burress to a hospital under an assumed name.

“When this incident occurred, Antonio reacted out of concern for the health and well-being of Plaxico Burress,” Mara said. “There was no criminal intent on the part of Antonio, who was thrust into this predicament simply because he accompanied Plaxico that evening and because he made the decision to immediately take Plaxico to the hospital.”