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Wednesday Whys: Plaxico Burress

Will ex-Giant WR play? Will Marshall get a new deal? Andrew Brandt

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Why are teams considering talking to Plaxico Burress about playing this year after his criminal incident in New York?

The wheels of justice sometimes do not rotate quickly. Burress may be the beneficiary of delays in the court system that have postponed his trial – according to his lawyer – until at least early 2010. Thus, an alleged crime that even brought the attention of New York City Mayor Michael Bloomberg -- who remarked that Burress should be prosecuted "to the fullest extent of the law" for otherwise there could be "a sham, a mockery of the law” -- will go unpunished for the time being, a convenient delay for teams interested in the receiver (of which there are reportedly several).

In the event Commissioner Roger Goodell is true to the Personal Conduct Policy, however, the NFLwill not delay its discipline. The Burress situation represents a perfect example of the distinct manner of meting out discipline for personal conduct and behavior between the old regime of Commissioner Paul Tagliabue and the present leadership of Goodell. In a case like Burress, Tagliabue would have waited until the case had wended its way through the court system before handing out punishment. As a result, due to the deference given to the judicial process, Tagliabue, an attorney, meted out far fewer discipline penalties than Goodell.

Plaxico BurressAPWill Plaxico be able to play in 2009?

Goodell certainly can act on Burress before training camps begin, and he will not have the benefit of an outcome in court or a plea bargain. He will look at all the facts surrounding the case, with the most important evidence being the police report, and he will probably suspend Burress for a period of time. Teams interested in Burress are certainly in contact with the league trying to get a forecast on discipline, although they will have a tough time trying to get an accurate read.

As to those who believe Goodell usually waits for a judicial outcome, that is not the case. He suspended Pacman Jones for repeated misdeeds, although none of them resulted in a conviction. Indeed, I was with the Packers when we acquired Koren Robinson in 2006 following his release from the Vikings after an alleged DUI incident. Although the case was not to be heard in the Minnesota courts until after the season, Robinson was suspended for a year within two weeks of our acquiring him in the first disciplinary ruling of then-new Commissioner Goodell. There was a new sheriff, and a new Personal Conduct Policy, in town.

Burress had a contract offer from the team he was with, the New York Giants, earlier this spring. The Giants, who signed Burress to an extension a year ago despite knowing his behavior was marginal at times, were willing to keep him around under a reduced and risk-averse contract. Burress, who despite being 31 and a veteran in the league, continued to act as if nothing was wrong and that he deserved better. He turned down their offer. More than his insolence or insubordination, it was Burress’s delusion, fueled by enablers throughout his career, which led to the Giants to part ways with a valuable on-field performer.

Since his $35-million extension in September, Burress was fined repeatedly and suspended twice by the Giants, was continually chased and sued by creditors and was charged with a felony crime. Yet a delay in his case would theoretically allow him to continue to play football this fall, unless and until Roger Goodell has something to say about it.

The Personal Conduct Policy is well intentioned toward its mission of maintaining public confidence and integrity in the game. Its problem is that it continues to be mocked by high-profile offenders such as Jones, Burress, Michael Vick and others.

Why is Brandon Marshall fighting a losing battle in Denver?

Brandon MarshallAPMarshall wants out, but will Denver trade him?

Marshall is trying to follow the road map laid out by so many wide receivers in the past few years – Terrell Owens, Chad whatever his name is, Anquan Boldin, Javon Walker, etc. He is saying he wants to be traded, although that’s not really what he wants. What he wants – what all of these players want – is for the Broncos or another team to show him the money. If he can get a new contract from the Broncos, he’s fine in Denver. If he can’t, he’s hoping another team will provide him financial security. Good luck with that.

As my colleague Michael Lombardi insightfully pointed out, Marshall’s behavior has and continues to be an issue. He was suspended a year ago for an incident with a former girlfriend and somehow avoided a similar suspension this year for similar behavior. When Marshall was only punished with a fine this month, I heard comments from front office people and scouts around the league who said they were disappointed he wasn’t disciplined more harshly and that he’s someone to watch in terms of repeat behavior.

As we’ve seen from Burress, Pacman Jones and so many others, behavior doesn’t change with people like Marshall. And a new contract? That’s a certain recipe for disaster. If Marshall was/is a problem without financial security, as sure as the sun will come up tomorrow, he’ll be more of a problem with a new contract.

Marshall may also be trying to take the path of his former quarterback, Jay Cutler, who complained his way out of town after feeling “dissed” by his new coach. Marshall should know that these are not comparable situations. Cutler was made available as one of the rarest trade commodities the NFL has seen – a young, experienced and multitalented quarterback entering the prime of his career with a cannon arm and years left on a reasonable contract.

Teams cannot get a Cutler in this league through trade – all good quarterbacks are locked up for their careers by their teams or under franchise tags. Also, Josh McDaniels wanted a different type of quarterback – as evidenced by his selection of Kyle Orton over Cutler, Jason Campbell and others offered to him – to manage the game rather than take what he felt were needless risks.

Brandon MarshallAP

Although Marshall’s agent is indicating the Broncos are open to a trade, this would set another precedent in their locker room that there’s a convenient way out the door. The best guess is that the Broncos will continue to put up with Marshall’s petulance in this, the last year of his contract. Following that, in the event of no new Collective Bargaining Agreement, they will continue to hold his rights as a Restricted Free Agent. Or, in the event of the continued cap system, they can place a franchise tag on him if they choose.

With Marshall, as with the vast majority of players and people (and unlike the stock market), past performance does predict future results.

And now, my Wednesday Pet Peeve Why….

Why are there so many discussions of who is the “best player” in a sport like football?

Isn’t it kind of irrelevant to talk about individual performance where every play of every game involves eleven people? These kinds of debates only fuel diva behavior. The “best” players in the NFL play, at most, 50 percent of the game and watch the rest from the sideline. Football is the ultimate team sport.

Coming Friday: another police blotter player, Donte’ Stallworth, and the criminal and civil deals he has made.

Comments

Add a Comment
STM
Jun 17, 2009
09:49 AM

Everyone thinks TO is so bad — and his is — but at least he doesn't carry around guns in nightclubs or allegedly beat his girlfriends. Both Plax and Marshall are phenomenal talents, but they'll never be worth the headache

Eric Green
Jun 17, 2009
10:21 AM

I am curious what Roger will do to Stallworth.

InFact
Jun 17, 2009
12:14 PM

Andrew's "Pet Peeve" is also one of mine (on a long list).

ESPN fuels these kind of comparison "best" lists that attempt to highlight personalities at the expense of encouraging team play.

It's too bad.

Marketing and $$ wins in the end.

Da Coach
Jun 17, 2009
01:38 PM

Andrew,

What would be your course of action if you were working in Denver right now with this guy?

Jayme
Jun 17, 2009
03:32 PM

Hi Andrew,
The new site looks great. Heck, even the error message that was up for a while looked good.

If the best current players only play 50% of the snaps, then could an argument be made that Deion Sanders was one of the best players of the modern era? He did play both ways for a while in Dallas.

All jokes aside, I do hate those ratings. For those who value championships, Marino looks like a worse QB than Dilfer. For those who don't value championships, Montana doesn't look all that much better than those around them. Then, when you look at it, most of the lists out there fail to consider anyone who hasn't played in the last 20 years. Even when they do have a few, the lists disproportionately rate current players higher than older players. They are just a mess.

bradr
Jun 17, 2009
07:16 PM

Andrew, does it seem odd to you that so far Koren Robinson is one of the few players (especially recievers) in recent memory who has really turned himself around. His knee(s) may end his run in the NFL, but i have a great respect for his ability to man up and take full responsiblity for his actions. I and many fans were scratching our collective heads when the Packers took a flyer on him after everything that preceded his arrival. You may remember the big stink in GB on his signing. i.e. He's gonna get drunk and kill someone, ect., ect...He was the modern day Pac Man/Plax/Brandon at the time.... I'll be pulling for him regardless of who he suits up for.

and Kudo's on the site rebuild, its great

Brian
Jun 23, 2009
01:06 PM

There has been an interesting development in the Plaxico Burress case since this was written. Burress and his lawyer had been granted a continuance until September 23. Based on that, Benjamin Branfman, his lawyer, was publicly proclaiming that Burress would be able to play the 2009 season. He said that Roger Goodell would have no basis for suspension until the case took its legal course.

Subsequently, Robert Morgenthau, the Manhattan district attorney, announced that he was taking the case to a grand jury in July. Previously, the DAs office had been in negotiations with Plaxico and Branfman about a plea deal. In fact, the New York tabloids were reporting that he had a plea deal back in February that would've required three months jail time. He would've gone in in March, and been out in June. Then, if Goodell suspended him for eight games, as expected, he would have been available to the Giants for the last half of the year. But Plaxico turned down the plea deal. He wanted no jail time.

When he turned down the plea deal, the Giants cut him loose. Jerry Reese had been telling people that Plaxico was not going to be able to play in 2009, by their analysis.

Why Plaxico thinks that he can get a deal that includes no jail time is beyond almost all observers. Rumor has it that his wife, an attorney, is the driving force behind his legal strategy. Earlier, Branfman had been reported at his wits ends with a client refusing a sweetheart deal like three months in jail when he was facing 3 1/2 years. But apparently Plaxico wrote a check, and Branfman is now okay with the strategy.

It had all been predicated on continuances that would allow Plaxico to play this year, and earn a big paycheck. After all, he's 31 years old, and doesn't have much time left. Stringing the DAs office along with plea negotiations to push back a potential trial dating to 2010 was apparently central to their strategy. Now, with Morgenthau announcing that he's taking the case to a grand jury, that has been blown apart.

Moral of the story, don't play around with the DA. He 'is 89 years old, and is not running for reelection. He has been DA for 35 years. He apparently is no longer inclined to cut Plaxico any slack. After all, Plaxico's not even a Giant anymore. Why would a New York DA do anything to allow him to play for another team?

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