YOU THINK YOU KNOW, BUT YOU HAVE NO IDEA
By Scott Daniels, Esq., NFL Draft Bible
His face can be seen in just about every newspaper across the country. His name is about as recognizable as Tiger Woods. He's been featured on CNN, Fox News, Court TV and ESPN on the daily. If you haven't guessed yet, I am talking about the infamous Michael Vick and the enormous amount of publicity that he has gotten as a result of his alleged involvement in a dogfighting operation that took place on property he owned in Virginia.
I know that all of you are familiar with this story and frankly, you're probably sick of hearing about it. Or maybe you are just sick to your stomach when you hear about how grotesque the charges are. But even if you think you are totally familiar with the Vick situation, I thought I would outline some of the specifics in his case and provide you with a few pieces of information that you might not have known.
THE CHARGES
Vick, along with three other individuals, was indicted by a federal grand jury for conspiracy to travel in interstate commerce in aid of unlawful activities AND to sponsor a dog in an animal fighting venture; both violations of federal law. If convicted of the first charge, which is a violation of the "Travel Act," Vick faces a maximum of five years in prison and a $250,000 fine. If Vick is convicted on the dogfighting charge, he faces a maximum of one year in prison or a $100,000 fine – or both. Together, Vick is looking down the barrel at six years imprisonment and up to a $350,000 fine.
THE PROSECUTION'S BURDEN
Conspiracy is defined as an agreement by two or more persons to commit an unlawful act. Basically, the prosecution must prove that Vick knowingly, willfully and voluntarily entered into an agreement with his alleged accomplices to participate in the alleged dog fighting venture. The prosecution in this case, as in every criminal case, must prove Vick's guilt beyond a reasonable doubt. The jurors will be instructed at trial that if they have even the slightest doubt that Vick is guilty, they must acquit.
THE INDICTMENT
Let's just say this was not your run-of-the-mill indictment. At this point, all of you know the severity of the charges and have heard some of the stomach-turning acts performed on these dogs, but I'd like to reiterate some of the particular allegations stated in the actual indictment.
You know that Vick owns the property where the dog fighting venture took place and you know that Vick is alleged to have bankrolled this entire operation.
But did you know that he is alleged to have started this dog fighting venture in 2001 -- the same year he was selected as the first pick in the NFL Draft? It seems as though Vick's financial advisor must have misinterpreted how to invest his money.
You know that Vick and his associates are alleged to have killed dogs that did not perform well in fights?
But did you know that the methods used to kill these dogs included execution with a pistol, hanging, drowning and slamming the dog's body to the ground? In one instance, one of Vick's associates is alleged to have wet a dog down with water and electrocuted the animal. In a dog ring that consisted of approximately 54 pit bull terriers, Vick and his associates are alleged to have executed as many as eight of them.
Did you know that in an effort to breed more dogs, Vick and his associates are alleged to have used what is known as a "rape stand," in which an overly aggressive female dog's head was strapped down so that forced breeding could take place?
By now, you know that Vick and associates allegedly used these dogs to participate in fighting competitions and you are well aware that they gambled on each fight.
But did you know that one dog fight purse is alleged to have been as much as $26,000? This particular fight involved two pit bulls weighing approximately 35 pounds each.
HOW DID VICK GET CAUGHT?
In April of this year, Davon Boddie, a cousin of Vick's, was arrested on drug charges in Hampton, Virginia. Boddie gave police his home address, which – coincidentally -- was the same house that Vick and associates conducted their dogfighting operation. Police obtained a warrant to search Boddie's home to look for more evidence. The initial search led to a large scale probe that uncovered a major dog fighting enterprise known as "Bad Newz Kennels." Whether or not this search was legal under the 4th Amendment (Search and Seizure) will be something for the Judge to decide.
CIVIL CHARGES?
Just when things couldn't get any worse for Vick, South Carolina inmate Jonathan Lee Riches filed a civil suit against him in U.S. District Court in Richmond, VA. The suit claims that Vick stole two pit bulls from Riches' home in Florida and used them for dogfighting.
In one of the most comical, handwritten complaints I have ever read, the suit alleges that Vick sold Riches' dogs on EBAY and "used the proceeds to purchase missiles from the Iran government." It goes on to say that Vick "pled allegiance to Al-Qaeda," and just to make sure Riches wasn't leaving anything out, he claims that Vick is in the business of illegal steroids. Surprisingly, Riches is only seeking a mere $63 billion, "backed by gold and silver, delivered via UPS," to the front of the prison where he currently resides. (A copy of the complaint can be seen at http://www.foxnews.com/projects/pdf/riches_jonathan_file.pdf.
THE BOTTOM LINE
With his co-defendants already striking deals with the prosecution, Vick now faces the dilemma of whether or not to cop a plea himself. In a case where the evidence seems overwhelming, the prosecution is going to have to be extremely careful in the furtherance of their case. We all remember the Duke Lacrosse scandal. In the public eye, those boys were guilty almost immediately.
It's very easy for people to make assumptions before hearing all of the evidence. In law, we are taught to never assume. Therefore, I leave you with one thought: Michael Vick, a rare talent that struck fear into the eyes of opposing defenses, is now facing the real possibility that he may never play in the NFL again.
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6 comments:
You know that nobody is really talking about the illegal search and seizure angle of this whole debacle...If Vick doesnt take the plea deal...I bet his lawyers will be all over that original warrant...good point. Don't worry about Mike Vick he will be striking fear in the CFL once he gets out of prison.
Good thing Atlanta picked up Joey Harrington.
Rumor has it that Vick's attorneys are currently negotiating a plea deal that could land Vick in prison for at least a year. Apparently, his attorneys are hesitant to make a deal without knowing what his penalty will be from the NFL. Word is that the NFL has refused to comment or speculate as to what Vick's penalty will be as a result of a guilty plea.
My guess is that Vick will indeed plead guilty to avoid further charges in an attempt to get back on the football field as soon as possible. However, if he does plead guilty, his sentence won't take place until around November 07' and if he's jail for a year, he won't be able to play until the 09' season - and thats not taking into account an unknown suspension from the league. I'll be following this closely.....
Great article Meester Scott! I thought I knew, but I didn't know. My prediction is that Michael V. plays in the NFL again within 2 years max. I’m having a hard time believing that he is guilty of all the charges brought against him, especially when most of the allegations are coming from his co-defendants who were actually at the house running the place. Some of these guys are lifelong criminals and until the hard evidence against Michael V. is on the table, I’m reserving my judgment. What I do know is that Michael V. is no angel, and his family clearly has some issues with obeying the law (i.e. [neiman] Marcus…who unlike Michael, elected to get into serious trouble before he ever got his first NFL payday), however, I just can't understand how a $100 million franchise player would be so stupid to get involved with this. Either way, guilty or not, the NFL has a history of forgiving and forgetting and with his talent, I can't imagine someone won't take him back. Just look how many chances Pacman Jones got before he was finally suspended. To my knowledge, he provoked a fight in a bar that led to a man becoming paralyzed and also has been charged with threatening to kill people while his entourage backed him with a arsenal of loaded weapons. And what about (meet me at) Jamal Lewis...how quickly we forget he was facing 10 years in federal prison for "setting up" a blockbuster cocaine deal just a few short years ago. I'm not trying to make light of Michael's charges but in my opinion, there are much more serious charges that professional athletes are being faced with right now in which there is hard evidence against them that just aren't newsworthy because their name is not Michael V.
Good article, a little sick of all the Vick talk and accusations. Really I need some actual proof that he was there actually doing these things for me to believe this. A photo of Ron Mexico in attendance holding a fistful of fanned out cash in a recently won wager in one hand, and the winning dog (with mouth still dirtied in blood) in hit other arm. You know the pose typical gangsta style! Maybe they have it, Mr. Mexico in full pimp regalia, gold teeth and everything.
The feds should spend all this time and money in catching other Dog Fighting rings and bringing those to the public eye. Maybe then America will see what Ron Mexico supposedly financed really isn't all that bad. I have seen worse in the newspapers personally.
Oh, and that handwritten note, that is a gem my friend. I am printing that out and passing it around the office.
It seems as though a few of you are not buying into all the media hype that Mr. Vick is completely guilty. In my personal opinion, I believe that the evidence is continuing to pile up against Vick and his only out may be a plea. Regardless of his alleged level of involvement, Vick was the sole owner of the house where the illegal activity took place. This piece alone creates a huge presumption that Vick knew what was going on and participated in the dogfighting venture.
As for the 3 co-defendants that are now cooperating with the prosecution, I wouldn't believe a word that any of them say. Period.
I will reserve my judgment until after I hear all of the evidence - if I get a chance to hear all of the evidence - but if I were to predict an outcome here, I forsee Vick pleading guilty to something in the near future. A trial for Vick could be disastrous.
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