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Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Sunday, June 5, 2011

Life after prison for Plaxico Burress


Plaxico Burress will re-enter society when he is released from prison Monday after serving 21 months for illegal gun possession, but the template for rehabilitation and redemption of athletes of his profile has already been established -- by Michael Vick and, to a lesser extent, Ben Roethlisberger.
On the football field, Vick is a superstar anew, a one-man show who, in the course of a calendar year, made both Donovan McNabb and Kevin Kolb -- the quarterbacks who before Vick's arrival were the past, present and future of the Philadelphia Eagles -- expendable. For the Eagles, Vick was electric (ask the New York Giants or Washington Redskins), and for his peers he was inspiring, turning a one-year contract that at the time might have seemed charitable even for a third-string quarterback into a showcase for his immense ability.
Plaxico Burress
AP Photo/Charlie RiedelHe made this winning TD catch in Super Bowl XLII. Plaxico Burress will have to prove he still has those skills.
Off the field -- regardless of the questions of fairness and forgiveness and flaws in the justice system -- Vick provided a rare example of how the rehabilitative portion of "the system" is supposed to work. For his crimes, he was the equivalent of kryptonite in the eyes of many fans and even some of his the National Football League employers, yet he was still given an opportunity. He worked hard with no guarantees. He was humbled and accepted his social penance, speaking at schools, to children and to adults about the consequences of what he'd been and done. Whatever inner thoughts he harbored about his situation, he accepted the criticism and the reality that some might never forgive him -- which is their right -- and to date, he's done nothing new to embarrass himself or his community. He has, as they say, paid much, if not all, of his debt to society.
Roethlisberger was never convicted -- or criminally charged, for that matter -- but his encounters with women did significant damage to both his public image and professional prospects, and at least one of the women filed a civil lawsuit. In response to the crises, Roethlisberger took his team to the Super Bowl for the third time, and announced that he was engaged to be married. And then he offered a piece of news germane only to his particular circumstances: He and his fiancée won't be living together before marriage.
In both cases, the narrative of their second chances ended with positive outcomes. Neither Vick nor Roethlisberger was permanently undone by his transgressions, and quite possibly -- if their recent public images are authentic -- they both seem to have emerged as better, more responsible people. Both responded to the threats to their careers with focus and professionalism, at least publicly. Perhaps just as importantly, both were at a critical point in their NFL lives: The league could have deemed them too toxic to be worthy of redemption.
Burress, however, is not Vick; nor is he Roethlisberger, both of whom were saved at least in part by the talent trap: Their ability to perform feats on a football field that very few people in the world can match gives them value to their industry. They are quarterbacks, the most glamorous position in the sport, possibly in all of professional sports. As much as Burress was a star -- four 1,000-yard seasons, the winning touchdown catch for the Giants to undo the Patriots' undefeated 2007 regular season -- the question for NFL teams will be whether a wide receiver such as Burress has enough ability to justify the kind of risk the league took with Vick and Roethlisberger.
Michael Vick
AP Photo/Matt RourkeMichael Vick is still making public amends, as he did at this speaking engagement at a Philadelphia high school last week. Will Burress follow that lead?
If it had been clear that Vick, following his release from federal prison after 23 months, could no longer play football at a high level, would any team have given him the chance to rehabilitate his life? The question seems too cynical in tone, but the two concepts, which should be unrelated, might nevertheless be linked. During a time of public fatigue with the flamboyant excesses of professional sports figures, Burress appeared so gilded, so cavalier and so unaccountable that he could hold a glass of red wine while he carried a loaded handgun stuck in his pants. Even New York Mayor Michael Bloomberg got involved in wanting Burress behind bars. He was bad for the brand.
Two years later, it's possible that the football world has moved on in a way that makes Burress just another name, and generally unimportant to the success of the league. If that's the case, he will become another symbol of just how fungible and disposable -- and temporary -- the glamorous life truly is. To have a second opportunity to reclaim a life with which he was so careless the first time around, Burress might first have to prove he can still play.
Vick and Roethlisberger were both public relations disasters. Burress was criminally reckless, carrying a loaded .40-caliber Glock pistol into a crowded nightclub in the elastic of his waistband and accidentally shooting himself in the leg in the process. Due to New York's mandatory minimum sentencing guidelines of 3½ years for a conviction, Burress pleaded guilty in exchange for a lesser sentence.
Vick, according to authorities, bankrolled an entire criminal operation that led to the grisly killing of animals. Roethlisberger appeared to be engaged in a pattern of offensive behavior -- especially to the female demographic that, statistics suggest, buys a large portion of merchandise. Both cases frightened a corporate machine like the NFL. Burress, however, served just two months fewer than Vick, and he clearly does not require the same level of image-cleansing Vick needed on re-entry.
So the question is whether Burress, who will be 34 in August, has the skills now in the eyes of football talent evaluators to save himself the way the other two did. The upside of Vick's post-prison talent was tremendous, allowing him time to heal. Even in loyal Pittsburgh, Roethlisberger said he wasn't sure whether the Steelers would keep him or whether the fans would want him -- doubts that are now long gone as he comes off a Super Bowl appearance.
Plaxico Burress
AP Photo/ Steven HirschThe first step is rebuilding his home life. At his sentencing in September 2009, Burress kissed his wife, Tiffany.
Burress doesn't appear to have that kind of football upside. He'll likely need to find someone (Andy Reid, perhaps?) who will take a personal interest in him and allow him time to re-develop, a rarity in an often impersonal game.
Even the case of Donte Stallworth is less murky than that of Burress. Stallworth was sentenced to 30 days for DUI manslaughter after killing a pedestrian in a Miami traffic accident two years ago. Stallworth was out of the game during 2009 and resurfaced with the Baltimore Ravens for an injury-plagued, mixed-results season last year. He was never the elite receiver Burress was, and is now a role player; nonetheless, his case requires nuance. Investigators appeared to have concluded that the Stallworth incident -- though he was behind the wheel and over the legal alcohol limit -- was more an unfortunate accident (the victim, Mario Reyes, apparently was not in a crosswalk when Stallworth's vehicle hit him) than a heinous or reckless criminal act. That sets Stallworth's post-sentence football re-entry apart from that of both Vick and Burress.
Still, Burress likely will not be a pariah. He will have job opportunities if there is professional football to be played this year. Vick has already offered support for him. If Burress has any skills remaining in his 6-foot-5 frame, he too will benefit from the talent trap.
The next step, naturally, is for Burress to go home to his family, to see the daughter who was born while he was behind bars, to rebuild and repair the lives of the people around him. Meanwhile, his professional reconstruction likely depends less on whether teams want him to have another chance at life, and more on whether they believe he can do for them what he did for the Giants.

Wednesday, March 30, 2011

Jalen Rose faces DUI charges in Michigan


WEST BLOOMFIELD TOWNSHIP, Mich. -- Former NBA and Fab Five standout Jalen Rose is scheduled to appear in court in April after being issued a citation earlier this month on suspicion of drunken driving.
Rose, now an ESPN analyst, was driving at 2 a.m. ET on March 11 when his Cadillac Escalade went off the side of an icy road, West Bloomfield police said.
A passer-by called police, who discovered the vehicle, the Detroit News reported.
Rose declined to take a Breathalyzer and was taken to a hospital for a blood-alcohol test, the results of which were unavailable.
Police said road conditions were icy and may have been a factor in Rose's car going off the road. Rose had no comment Tuesday night.
An ESPN spokesman said the network was "looking into it."
Keith Davidson, a Los Angeles-based attorney representing Rose, said the former player and his legal team "look forward to working with Michigan authorities and addressing any and all outstanding issues in court and not in the press."
The 38-year-old Rose played 13 years in the NBA, reaching the Finals with Indiana in 2000. He was also part of Michigan's famous Fab Five, which reached the NCAA title game in 1992 and 1993.
Rose was part of a recent ESPN documentary on the Fab Five.
Information from The Associated Press was used in this report.

Monday, March 28, 2011

Barry Bonds trial: Ex-mistress says slugger blame injury on steroids


SAN FRANCISCO -- Barry Bonds' former mistress testified Monday that the slugger blamed a 1999 elbow injury on steroid use.
Called by federal prosecutors to the witness stand in Bonds' perjury trial, Kimberly Bell said that she asked Bonds about the problem with his left elbow, which she described as "a big lump ... it looked awful."
She testified that Bonds responded by saying his steroid use caused the injury, because the muscle and tendons grew too fast for the joint to handle.
"It blew out," she said.

She also said that Bonds talked about the widespread use of steroids among baseball players, including his suspicion that Mark McGwire was juicing during his assault on the single-season home run record in 1998 -- a mark that Bonds later broke.
"He mentioned that other players do it and that's how they got ahead, that's how they achieved," Bell testified.
Bonds is accused of four counts of making false statements and one of obstruction for telling a federal grand jury in 2003 that he never knowingly took performance-enhancing drugs. Dressed in a dark blue suit, Bonds alternately watched Bell on the stand, scribbled notes and whispered to one of his defense attorneys, Allen Ruby, as she testified.
Bell said she and Bonds met on July 3, 1994, and attended a barbecue that day. From there, they shared a nine-year romantic relationship that continued even after Bonds married another woman in 1999.
She further testified that Bonds' sexual performance declined in the later years of their relationship. She said that his testicles changed shape and shrank. Bell also testified that Bonds grew -- and shaved -- chest hair and developed acne on his back.
A visibly uncomfortable Bell testified that Bonds' behavior also changed in the later years of their relationship.
"He was increasingly aggressive, irritable, agitated and very impatient," said Bell, dressed conservatively in a gray jacket and white shirt.
She choked up as she testified that Bonds verbally abused her starting in 1999, threatening "to cut my head off and leave me in a ditch." Bell alleged that Bonds threatened that "he would cut out my breast implants because he paid for them."
Prosecutors allege that the physical and mental changes Bell told the jury about during the last four years of their relationship are side effects of steroids use.
This was the period when Bonds noticeably bulked up and started posting unprecedented power numbers for the San Francisco Giants. The seven-time NL MVP hit a season-record 73 homers in 2001 en route to a career record 762 by the time of his last season in 2007 -- months before he was indicted for his grand jury testimony.
In anticipation of defense attempts to portray Bell as a gold digger, Assistant U.S. Attorney Jeff Nedrow asked Bell about an interview and photograph shoot she did with Playboy that appeared in 2007. She posed nude and discussed Bonds sexual performance in the magazine.
"I was trying to put my life together," she testified. "Maybe it wasn't the best decision."
Bell testified that Playboy agreed to pay her $100,000, but sent the money to her agent, David Hans Schmidt. Schmidt committed suicide in 2007 while under investigation for allegedly attempting to extort the actor Tom Cruise and Bell said she saw little of the Playboy payment -- "about $17,000 or $18,000."
Under cross examination by Cristina Arguedas -- the first time anyone other than Ruby had questioned a witness for Bonds -- Bell was questioned about the radio tour she went on to promote her Playboy appearance.
Bell said she appeared on a "few" radio shows, and Arguedas shot back "More than 20?"
It turned out that Bell appeared on about 20 radio shows, including the popular Howard Stern talk show.
Arguedas asked Bell if she cried during any of those appearances, while recounting her Bonds' relationship. Bell said she got a "little emotional" on occasion.

Copyright 2011 by The Associated Press

Thursday, March 24, 2011

NFL LOCKOUT UPDATE: Judge's ruling could force league, players to talk

NEW ORLEANS – NFL fans have to start cheering for Judge Susan Nelson of the Minnesota District Court. Right now, she’s your only hope for a quick resolution to the labor dispute between the players and the owners.
After Nelson hears arguments from both sides regarding the lockout during Brady v. NFL on April 6, here is a devilishly wonderful scenario she could come up with to hammer both sides and really force them to settle their differences. This idea comes courtesy of a clever lawyer who has read the legal briefs from both the players and the owners so far,
Nelson could declare that the lockout by owners is illegal, that the NFL Players Association is not a union and then hold her decision in abeyance for 90 days. What that means is that the league wouldn’t have very strong grounds to fight her decision in the Eighth Circuit Court of Appeals. It would also mean that the players wouldn’t have the ability to get new contracts signed until July, hurting their chances to get rich deals in free agency.
In other words, both sides would have plenty of incentive to work out a new collective bargaining agreement.
Right now, that’s what the owners and players need – a legal kick in the rear. While both sides would like to talk and have said as much publicly, they can’t get it done for legal reasons. The owners want to talk in mediation, which puts the players in a bind. The players want to talk in court over a settlement, which puts the owners in a bind.
“We want to [get a deal] as fast as possible, but we also recognize that we had to be prepared for other alternatives,” said NFL commissioner Roger Goodell during Tuesday’s league meetings, reciting the kind of double talk that fans have become infuriated by over the past few weeks and months when it comes to the labor negotiations.
Truth is, both sides deserve to get slapped and Nelson is the only one who can do it in a forceful way right now. Currently, this circus is being run by lawyers, guys who are experts in turning nuance into billion-dollar judgments.
Jones with Dolphins owner Stephen Ross on Tuesday.(Gerald Herbert/AP Photo)
What needs to happen is for owners such as Jerry Jones, Robert Kraft, Art Rooney II and John Mara to get in a room withPeyton Manning(notes),Drew Brees(notes),Tom Brady(notes),Vincent Jackson(notes)and Mike Vrabel(notes)and discuss their differences. The owners need to hear that the players feel disrespected. The players need to hear that the owners have serious financial concerns. The players need to tell the owners that they can’t take a system that changes the way the players get paid from apercentage of the gross to a fixed cost.
Do that, and many of the other issues in this problem could fade away.
Instead, both sides are waiting for April 6, hoping their side will prevail.
“Nothing is going to happen for either side until [Nelson] decides the injunction issue,” one NFL lawyer said.
True, but even if the players win an injunction, the league is set to go the distance in the legal battle. On Monday, the league put outside attorneys Gregg Levy, Bob Batterman, David Boies and Paul Clement on display to explain their arguments to the media. While much of the legalese went over the head of the many reporters involved in this situation, there was an obvious bottom line: The NFL hired the four lawyers with the sole intent of fighting the union for as long as necessary. For instance, Batterman talked about going through months of work with the National Labor Relations Board over whether the NFLPA can really decertify.
If that battle goes on for months, players will watch as their careers die on the vine. The short-term need to get signed to a new contract and get working with a team will disappear like so many legal briefs into filing cabinets throughout the courthouses of this nation.
The owners will gain short-term leverage over the players by the day. In turn, the long-term fight will get uglier for the owners if the players are able to gain victories in the court.
In the meantime, there is one woman who can solve the whole thing with a swing of her hammer and a judicious opinion. Nelson could send both sides reeling, forcing the two into talks. That’s what should be happening because, if nothing else, the owners are right about one thing.
This deal is not going to be settled without discussion between both sides. It is not really going to get settled in the courts, at least not quickly.
But a settlement can be pushed by Judge Nelson.
Here’s hoping she can get it done.