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THE UNITED STATES OF AMERICA VERSUS MICHAEL VICK


Welcome to our one-stop repository of all ProFootballTalk.com Rumor Mill stories regarding the federal criminal action against Michael Vick.  For the full scope of our stories regarding the investigation culminating in the July 17 indictment, click here.


POSTED 5:24 p.m. EDT, August 24, 2007

IS DMX MIKE'S FIRST VICTIM?

With Mike Vick pleading guilty to federal conspiracy charges and agreeing to "provide all information known to [him] regarding any criminal activity as requested by the government," is it a coincidence that one day after Vick signed the papers the house of rapper DMX was raided, and 12 "distressed" pit bulls were removed?

If Vick truly was a dog fighting "heavyweight," would Vick not know about other celebrities who engage in the sport?

It's possible that it really was a coincidence.  But it's also possible that any and all high-profile sports and entertainment figures will soon be getting a visit from guys with guns and badges.


POSTED 1:48 p.m. EDT, August 24, 2007

VICK ADMITS EVERYTHING

We've reviewed in detail the plea agreement signed by Michael Vick on Thursday, along with the statement of facts.

Notwithstanding the anonymous source who told the anonymous reporter at ESPN that Vick would not admit to killing dogs or to gambling, Vick admits to everything.

In paragraph 1, Vick pleads guilty to conspiracy to establish, maintain, etc. an interstate gambling enterprise and conspiracy to engage in interstate dog fighting. 

In paragraph 2, Vick admits that the Surry County property to which he initially said he never goes was the main staging area for housing and training pit bulls for fighting. 

In paragraph 3, Vick admits to being involved in dog fights at the Surry County property, and to participating in dog fights in other states.

In paragraph 4, Vick admits that the enterprise involved gambling activities in violation of Virginia law.  Vick denies that he placed side bets on any fights, or that he received process from the purses.  (However, he admits that he was the primary source of funds for the operation.  If the winnings went only to his co-defendants, then that's less money Vick had to give them to get them to continue to tend to the operation while he was "at work" for the Atlanta Falcons.)

In paragraph 9, Vick admits that he began acquiring dogs for the operation in "2001-2002," and that the "Bad Newz Kennels" were established in 2002.

In paragraph 12, Vick admits that he knew the other defendants "killed a number of dogs" that did not perform well in testing sessions in 2002.  Vick denies killing any dogs at that time.

In paragraph 32, Vick admits that in April 2007 -- the same month in which he say face-to-face with NFL Commissioner Roger Goodell and denied that dog fighting was occurring on his land -- he agreed with Purnell Peace and Quanis Phillips to kill six-to-eight dogs that did not perform well in testing sessions.  Here's the key passage:

"[A]ll of those dogs were killed by various methods, including hanging and drowning.  VICK agrees and stipulates that these dogs all died as a result of the collective efforts of PEACE, PHILLIPS, and VICK."

Case closed.  He admits to gambling, and he admits to killing dogs. 

Someone at ESPN has some serious explaining to do. 


POSTED 9:34 a.m. EDT; UPDATED 9:48 a.m. EDT, August 24, 2007

NEW VICK STRATEGY COULD BLOW UP IN HIS FACE

We continue to be confused by the Thursday night report from ESPN, which it curiously has attributed to no specific reporter, that Mike Vick will not admit to killing dogs or to gambling when he enters a guilty plea on Monday.

The initial report ignored completely the question of whether federal prosecutors agreed to the limitation on Vick's acceptance of responsibility.  An update posted at 5:02 a.m. EDT notes that Vick's attorneys believed that they struck an agreement with prosecutors regarding Vick's limited plea.

Still, the report makes little sense to us.

As to the killing of dogs on his Surry County property, Vick will admit that he was present but that he did not kill dogs.  Vick obviously is splitting hairs on this in an effort to avoid liability for animal cruelty under Virginia law.

So Vick has gone from saying "I never go there" to "I never kill dogs there."  We didn't believe Vick the first time, and we don't believe him this time, either.

Besides, Vick's limited plea doesn't exonerate him from scrutiny under Virginia law.  Section 3.1-796.122 of the Virginia statutes does not apply only to people who actually kill dogs.  If a person "instigates, engages in, or in any way furthers any act of cruelty to any animal" resulting in death, the person is still guilty of a Class 6 felony, which means up to five years in jail per count.

And, really, should the fact that Vick was merely supervising the dog killing make any difference?  If the mob boss who watches his capo put a bullet in the guy is just as guilty of murder as the person who pulled the trigger, why isn't Vick responsible for the killing of dogs that he owned when the killings occurred on his property while he was present?  (A reader tells us that Chris Mortensen of ESPN articulated a similar view last night.)

As to the report that Vick will plead only to conspiracy to engage in interstate dog fighting, we continue to believe that there's no way this one will fly, since omission of the interstate gambling component reduces his maximum sentence to one year.  Also, the notion that Vick wasn't in it for the gambling is simply not credible.

Regardless of whether Vick's lawyers think that they have an agreement, there's simply no way (in our view) that the prosecutors will allow the conspiracy to engage in interstate gambling charge to fall out of this case, since to do so would greatly reduce Vick's ultimate sentence from the current recommendation of 12-to-18 months.

So why is Vick taking this approach?  It's a three-pronged goal of getting back to the NFL sooner by making it harder for Surry County, Virginia prosecutor Gerald Poindexter to convict him under Virginia law, reducing the likelihood that the NFL will suspend him for gambling, and avoiding the stigma of killing dogs as he tries to muster enough public support for his eventual return. 

Plain and simple, the Vick lawyers are trying to pull a fast one.  On Monday, they created the impression that Vick will admit to everything, causing many to proclaim that coming clean is his first step toward getting a second chance.  On Thursday, the universe of "everything" to which he will admit has been restricted significantly, all in the name of accelerating the timetable for his second chance.

The only problem is that Commissioner Roger Goodell "gets it," and will regard for what it is this transparent attempt by Vick to force his way back onto the field.  And it will influence, in our opinion, the ultimate penalty that Goodell imposes.

It would be one thing for Vick to accept responsibility and plea for mercy.  Such an approach could prompt Goodell to go easier on him.  But with Vick now trying to dictate the terms of the responsibility that he will accept where his version of the events contradicts other evidence and common sense, we suspect that Goodell will not be inclined to show mercy, and could conclude in the end that Vick indeed gambled and then persistently tried to cover it up even after supposedly agreeing to plead guilty.  And that could prompt Goodell to ultimately throw the book at Vick, suspending him for a period far longer than he would have been suspended if he had followed through on his commitment to admit to what he has done.


FEDS FAILED TO FOLLOW THROUGH WHEN VICK WAS CRYING "UNCLE"

If ESPN's report is accurate, the bizarre glitch that has arisen in the Mike Vick prosecution has resulted from one thing and one thing only:  The failure of federal prosecutors to insist, as part of the plea offer, on the language that would be included in the "statement of facts" that Vick will sign when he pleads guilty.

On Monday, August 20, Vick was trapped.  Guilty as charged, he knew that the government would now likely be able to prove it with the testimony of Purnell Peace and Quanis Phillips.  And with a grand jury poised to hit him with more charges, Vick's only choice was to take the deal.

And that would have been the time for the feds to ensure that Vick will also agree to a "statement of facts" that is consistent with the documents signed by Peace and Phillips.  Both claimed that Vick financed the gambling side of the operation, and both claimed that Vick not only was present but also participated in killing of eight dogs in April 2007.

By giving Vick 72 hours to feel emboldened by the voices of support that seem to be willing to brush this matter aside as an issue involving "just dogs," Vick's "I can do what I want" mentality has quickly re-emerged.

If prosecutors merely had insisted on the language of the statement of facts as part of the plea discussions, this problem would have been avoided.  And, hopefully, the prosecutors have not agreed to consent to demands made by the Vick team without the benefit of leverage.

As we explained earlier on Friday during a bout of insomnia, the prosecutors should prepare their own statement of facts, present it to Vick, and tell him that he either signs it or the grand jury re-convenes to issue new charges for which there will be no option cut a deal.


POSTED 12:15 a.m. EDT; LAST UPDATED 1:18 a.m. EDT, August 24, 2007

REPORT:  VICK WON'T ADMIT TO KILLING DOGS OR GAMBLING

On Monday, lawyers for Mike Vick said on his behalf that he plans to plead guilty to federal conspiracy charges relating to dog fighting, and that he is accepting responsibility for his actions.

But his acceptance of responsibility apparently goes only so far.

ESPN reports that Vick will not admit to killing dogs or to gambling.  Citing an unnamed source, ESPN says that Vick's legal team met with federal officials on Thursday to hammer out the statement of facts that Vick will sign on Monday when he enters a guilty plea.  Vick reportedly maintains that he never killed a dog and never gambled on a dog fight.

The tactic isn't surprising, since refusing to admit to killing a dog or to gambling on a dog fight will enhance Vick's ability to avoid Virginia charges and a lengthy NFL suspension.

As a result, we don't buy it.  Why would Vick devote so much money to the pursuit of an illegal endeavor that is a conduit for gambling if he wasn't going to "make it interesting"?  Otherwise, it's like playing poker for pistachio shells.

While we have tremendous respect for what the federal government has done in this case, and at the risk of getting "randomly" selected for an audit, why are prosecutors letting Vick's people dictate the terms of the statement of facts?

More specifically, why didn't the feds prepare the statement of facts when extending the plea offer and advise Vick that this is the document that he will sign if he accepts the plea?

Purnell Peace and Quanis Phillips admitted to killing eight dogs in April 2007, and they both said that Vick participated.  For the feds to allow Vick to avoid this critical fact is, in our view, extremely unfair to the two guys who pleaded out before him.  Especially since the statements of fact that they signed can now be used against them by prosecutors in Virginia.

We think that the federal prosecutors should give Vick two options:  sign the same document that Peace and Phillips signed, or go to trial.  Anything else will undermine the reputation that federal prosecutors currently enjoy.


MUNSON CLEARS THINGS UP A BIT

In a video link appearing in the ESPN.com story, legal analyst Lester Munson explains exactly what we're thinking:  There's no way that the feds will agree with Vick's attempt to avoid admitting to gambling or to killing dogs.

And Munson believes that, if Vick's people push this angle too far, the plea deal will be off the table.

We disagree with one thing that Munson said, however.  If Vick pleads guilty only to conspiracy to engage in interstate dog fighting, the maximum sentence no longer will be five years.  Instead, the maximum sentence will be the same as the maximum sentence for the underlying offense of interstate dog fighting.  Since dog fighting was not yet a felony at the federal level when Vick's Surry County, Virginia property was raided, the maximum sentence for conspiracy to engage in interstate dog fighting could be only one year.

Thus, there's no way that the feds will agree to omit from the guilty plea an acknowledgement that Vick conspired to engage in interstate gambling.

So what are Vick's people up to?  We think they're hoping to capitalize on the fact that the media hasn't really focused on the gambling angle, and hope to propagate among the general public the notion that Vick didn't gamble.  After all, at a time when Vick has found an unexpected number of sympathetic voices who are willing to overlook the mental images of the fallen star killing canines, a little misinformation can't hurt the long-term P.R. effort aimed at getting Vick back on the football field as soon as possible.

As we explained on Thursday, the ultimately ability of Vick to return to the NFL will be driven by market forces.  The public's attitude toward Vick after he gets out of jail and serves his suspension will be a key factor.  By planting the seeds that Vick's crimes weren't as barbaric as they appear to have been, the lawyers are empowering the pro-Vick base, and also trying to influence those who are currently undecided about whether Mike should be able to return to the NFL.

As a result, it's even more important that the media report the developments in this regard accurately.  Though Munson's on-air explanation puts this development in the right perspective, the text of the ESPN.com article is vague at best regarding the question of whether the feds agree with Vick's position that he won't admit to killing dogs or to gambling.


POSTED 5:41 p.m. EDT, August 23, 2007

FREE MARKET SHOULD DECIDE VICK'S FATE

At a time when plenty of folks are arguing that Mike Vick should never be allowed to play again in the NFL and others are taking the position that once he has paid his debt to society he has every right to return, a league source summed up the situation for us as best as we've seen or heard it.

After a certain stay in federal prison, a possible incarceration in Virginia, and any suspension imposed on him by the NFL, Vick's fate should be decided by the forces of the free market.

He will, at that point, have every right to seek employment anywhere he wishes.  And prospective employers will have the right to decline to offer him employment, if they so choose.

There will be, and should be, no entitlement to return to the NFL.  Just as some teams will take a guy off of their draft boards due to crimes committed in college, some teams will choose to never do business with Vick, under any circumstances.

Contrary to the beliefs of some, the fact that Vick played in the NFL while committing his crimes doesn't provide him with the right to return once he has paid for them.  Some teams will decide that they don't want Vick because of his one-dimensional skill set.  Some won't want him because of the possibility that his presence will disrupt locker room harmony.  Some won't want him for fear of alienating fans or losing sponsors or facing pickets.

If, once Vick is able to return, a team chooses to sign him, that team has the right to do so.  And people who disagree with the move have a right to voice their opinions.  Such people also have a right not to buy tickets to the team's games or to watch the team on television.  Such people also have the right to express their views to others, by any lawful means.

This isn't about whether a person who has been in jail has the right to work.  He does.  They all do.  But this doesn't mean that Dr. Kevorkian has the right to become the U.S. Surgeon General.   And it doesn't mean that Mike Vick has a right to return to the National Football League, in any capacity.

There are people who believe that the concept of forgiveness requires Vick to regain a seat at the table of pro athletics.  There are people who believe that Vick can be forgiven without being reinstated.  The ultimate outcome will be driven by many factors; in the end, the market will decide whether Vick can return.

If, of course, he gets out of jail and off of suspension before his 40th birthday.    


POSTED 1:54 p.m. EDT, August 23, 2007

VICK COULD OWE FALCONS ONLY $3.75 MILLION

Michael Vick's December 2004 contract extension included $37 million in bonuses.  Although the money was characterized as a signing bonus, a league source has explained to us that it wasn't.  At least not completely.

The signing bonus was only $7.5 million.  The remaining $29.5 million was paid out as two roster bonuses.

But the Falcons had the right to convert the roster bonuses to guaranteed amounts, making them the equivalent of signing bonuses for the purposes of proration under the salary cap.

The problem, however, is that the payments were not initially characterized as signing bonuses, and therefore might not be treated as such in a forfeiture effort.

The Ashley Lelie case resulted in a finding that option bonuses are not subject to repayment.  Some believe that the next step in the overall NFL labor relations process in this regard is a finding, if/when the issue is presented in a grievance, that roster bonuses are also untouchable, even if the team has the right to treat the payment as a signing bonus in order to manage cap costs.

Think of it this way.  Roster bonuses are paid out in a given year, and are charged under the cap only for the year in which they are paid.  After the year ends, a default is irrelevant because the money has been paid, and earned.

Why, you might ask, didn't the Falcons just give Vick a $37 million signing bonus?  The problem is that such a payment would have required 1/6th of the amount to have been counted against the 2004 salary cap.  Since the Falcons likely didn't have more than $6 million left in 2004 cap space at that time, it wasn't a realistic option.  By paying only $7.5 million as a signing bonus, the Falcons were required to carry only $1.25 million in 2004.

So the Falcons deferred $22.5 million of the money into a roster bonus due in March 2005, and $7.5 million to a roster bonus due in March 2006.  The conversion of the roster bonus to a guaranteed payment was a no-brainer, since there was no way that the Falcons were going to show under the salary cap an extra $22.5 million in 2005 or an extra $7.5 million in 2006 when the money could be spread out over time.

The only alternative would have been to use two option bonuses, and the fact that the roster bonuses that became guaranteed payments operate no differently, as a practical matter, than option bonuses could influence the outcome.  The device the Falcons used is no different than an option bonus.  Thus, if an option bonus can't be recovered, roster bonuses converted to guaranteed payments are protected, too.

If the converted roster bonuses don't count, Vick likely owes the Falcons only (only?) $3.75 million, which is the remainder of the proration on his original signing bonus.  The bonus forfeiture formula that the Falcons were using in 2004 could push that number higher, since it attempts to spread the bonus money beyond the six seasons of cap proration.  But if it's determined that the 2006 CBA retroactively restricts forfeitures to the amount of the signing bonus that has yet to be allocated as wages under the salary cap, the amount owed will be $3.75 million.

The other potential twist here is that the Falcons might have to keep Vick on the team (via a reserve/suspended and/or a reserve/in-the-hoosegow list) for the next three seasons (or maybe longer) in order to get the full amount of whatever they are owed.  Owner Arthur Blank might be more interested in simply getting Vick's name off of the books than Blank is in chasing money that might not ever be collected anyway.


SUSPENDED VICK CAN'T GO TO THE CFL

We mentioned last night the possibility that Mike Vick will try to resume his football career after he gets out of jail in Canada.  His criminal record, we explained, could be a barrier to entering the country.  Which would tend to prevent him from playing in the CFL.  We also suggested that the CFL might not want to become the safe haven for the NFL's miscreants.

Our own MDS noted in a FanHouse post on Wednesday that the CFL already has in place a rule that prevents a player who has been suspended by another league to play the game north of the border.  The rule was implemented after the Ricky Williams experiment.

So the question is whether Vick would look to Canada after the expiration of any NFL suspension, if Vick simply can't find an NFL team that is interested in his services.  He'd still have to get special permission to enter the country, and he'd still have to find a CFL team willing to take the P.R. hit in the name of winning.

But we still think that Vick could end up being a target of the coming UFL, which plans to use cut-rate players to compete with the NFL by playing on Friday nights during the fall.  Vick's notoriety would provide non-stop media coverage of the site, and the new league could attract some NFL fans who believe that the "real" pro football league has been too harsh with Vick.

And that's why we think that the NFL would be inclined to ask the Falcons to squat on Vick's rights during any incarceration and ensuing suspension.  To be clear, Vick wouldn't be paid -- his contract would be tolled and it would cost virtually nothing to keep him on the payroll.  But it would allow the Falcons and the NFL to prevent Vick from playing for anyone else while still under contract with the NFL.

This reality could push Goodell to impose a multi-year suspension to be served after Vick gets out of jail, which would mean that Vick would be well over the age of 30 when he is able to return to the NFL or any other league.  And, by that time, the UFL could be long gone.


POSTED 7:49 p.m. EDT, August 22, 2007

CFL NOT EXPECTED TO BE INTERESTED IN VICK

Though many (including us) has assumed that Mike Vick might have to head to Canada in order to continue his football career after being released from federal custody, a CFL source tells us that the NFL's northern cousin won't be the avenue for Vick's second chance.

Currently, no CFL teams holds the negotiating rights to Mike Vick, which is a prerequisite to signing him. 

And, as several readers have told us, the felony charges to which Vick will plead guilty will prevent him from entering Canada.  Technically, however, a felon can enter Canada, but must first get permission.

Still, the CFL has gotten sensitive to the appearance that it is a haven for wayward NFL players, and we have a strong feeling that Vick won't find a home there.  He's more likely to find refuge in the UFL, which could use Vick to attract NFL fans who believe that the league is being unfair by imposing a stiff suspension on him and/or blackballing him.

Taking that a step farther, it could be that the league asks the Falcons to squat on Vick's rights during his incarceration and suspension, since the Falcons would then be permitted to go Pacman on Mike if he were to try to play in another football league while on suspension from the NFL.  Then after Mike is cleared to return to the NFL, the Falcons could cut him.


POSTED 6:23 p.m. EDT, August 22, 2007

DID NFL ASK FEDS TO GIVE VICK A DEAL?

One of the questions making the rounds in league circles regarding the Mike Vick situation is this:  If the feds had such a great case against Vick, why did they offer him a plea deal?

This question has spawned the theory/hypothesis/speculation that the NFL privately plowed political connections to get Vick a reasonable offer, in order to avoid the damage that a public trial of Vick would have done to the league.

We're not sure that we buy this, but it's definitely being discussed in league circles.  Though the NFL has vast influence, we can't imagine the league being able to influence a federal prosecutor who is ready and willing to go after Vick as hard as possible, especially in the wake of the debacle that occurred earlier this year in the wake of the firing of various federal prosecutors who supposedly weren't playing ball with the politicos.

Still, it's hard not to wonder why the feds didn't go all in on this one.


POSTED 3:54 p.m. EDT, August 22, 2007

ATLANTA NAACP STILL SUPPORTS VICK by Michael David Smith

The head of the Atlanta chapter of the NAACP thinks Michael Vick should be allowed to return to the Falcons after serving his prison sentence.

"As a society, we should aid in his rehabilitation and welcome a new Michael Vick back into the community without a permanent loss of his career in football," said R.L. White, president of the NAACP's Atlanta chapter, according to the Associated Press. "We further ask the NFL, Falcons, and the sponsors not to permanently ban Mr. Vick from his ability to bring hours of enjoyment to fans all over this country."

White said Vick has made a mistake and should be allowed to prove that he has learned from that mistake.

White is wrong on a number of levels. First of all, saying that society should rehabilitate criminals is a very different thing from saying that criminals are entitled to get their jobs back as if nothing had happened as soon as they get out of prison. If an NAACP employee committed a crime that caused harm to the NAACP's reputation, and then had to miss a year or more of work to serve a prison sentence, is White really saying the NAACP wouldn't take any action against that employee?

Secondly, Vick didn't make "a mistake." He broke many laws, many times, and still has not shown any remorse at all. No one seriously believes he's pleading guilty because he feels guilt; everyone knows he's pleading guilty because he knows the government has overwhelming evidence to use against him at trial.

The NAACP has a long history of speaking up for innocent people who don't have the means to speak up for themselves. What does White think he's accomplishing by speaking up for a guilty person who does have the means to speak up for himself? 


POSTED 10:45 a.m. EDT, August 22, 2007

VICK COULD CLEAN TOILETS FOR 12 CENTS AN HOUR by Michael David Smith

Dave Forster of The Virginian-Pilot reports today that the federal prison sentence Michael Vick is likely to serve will feature a lifestyle of jobs like mopping floors for 12 cents an hour and living in a dorm with 100 other inmates.

Forster quotes Mike Truman, a spokesman for the Federal Bureau of Prisons, who says that many factors go into determining where to place an inmate, but someone with a relatively short sentence and no previous criminal convictions would likely be sent to a minimum security camp within 500 miles of his home address.

But a minimum security camp isn't a country club. Barring an illness preventing him from working, every inmate must have a job, which might include waxing or mopping floors, cleaning toilets, painting walls or cutting grass. Inmates get paid for their work, at a rate of 12 cents an hour. Vick can buy items like shoes and sweat suits from the commissary, and while he's not limited to buying whatever he can afford on his 12-cents-an-hour job, he also can't spend much beyond that.  Inmates are held to spending limits of about $290 a month at the commissary, Forster reports.

A big question about Vick's prison sentence is whether he'll be able to stay in shape. Forster reports that most federal prisons have a running track and a basketball court. Some locations have weight rooms; others don't. In any event, Vick won't be getting the kind of training he's accustomed to as a professional athlete.

Will Vick be able to watch NFL games from behind bars? Probably some, as dorms typically have two televisions. But Monday Night Football might be out: Not all facilities have cable.


POSTED 8:51 a.m. EDT; UPDATED 10:02 a.m. EDT, August 22, 2007

COULD VICK BE FORCED INTO BANKRUPTCY? by Michael David Smith

Michael Vick will most likely never collect another NFL paycheck. And he may be forced to write the Falcons a very large check, for more than $28 million in bonus money the team has already paid him.

But that might not be the end of Vick's financial woes. Vick has damaged the reputations of the companies that had endorsement contracts with him, and he's cost them money in products and marketing campaigns tied to him that they won't be able to use. Nike, for example, was all set to roll out the new Zoom Vick V shoe before Vick's indictment led them to halt the campaign.

That leads to the question of whether companies might be able to sue him for damages to their brands resulting from his conduct. Some endorsement contracts specifically mention this possibility; the specific language of Vick's endorsement deals is not known.

Although Nike might decide that going after Vick would just create more headlines that would remind people that it was once closely associated with him, it would be completely reasonable for Nike and other companies to expect Vick to compensate them for what he's cost them. 

If the Falcons, Nike and others line up to try to get money from Vick, he could be forced to file for bankruptcy. Vick doesn't seem like the type of savvy investor who would have tens of millions of dollars saved up in a rainy day fund, and it seems extremely unlikely that he would be able to withstand such claims against him.

It wouldn't be unprecedented for a man who was once among the highest-paid athletes in the world to go broke. Mike Tyson earned around $300 million in his boxing career, and he ended up filing for bankruptcy. Vick may follow in Tyson's footsteps.


STEPHON MARBURY DOESN'T GET IT (OR MAYBE HE DOES)

Though we otherwise have no use for the NBA or anyone associated with it, we couldn't help but notice (thanks to a reader who pointed them out to us) the comments of Stephon Marbury regarding Mike Vick.

Count Marbury among the Clinton Portises of the world, who think that dog fighting is no big deal.

Said Marbury, while promoting his latest line of low-cost sneakers:  "They don't say anything about people who shoot deers or shoot other animals.  You know, I mean, from what I hear, dog fighting is a sport.  It's just behind closed doors."

Here's the difference, Stephon.  Hunting "deers" is legal.  Fighting dogs is not.  If people who live in the U.S. don't agree with that aspect of our legal system, then the alternative is to move to a country where dog fighting doesn't have to happen "behind closed doors," because it's perfectly legal there.

Excuse us for being cynical, but we have a feeling that Marbury is saying what he's saying in the hopes of getting some of the folks who blindly support Vick (even after he has admitted guilt) to devote some money that would have gone to high-priced Nike shoes with Vick's name on them to the cut-rate offerings marketed by Marbury.

But we can tell you this -- Florio Jr. has two pairs of Starbury shoes.  And they'll be the last ones he ever gets. 


WARRICK KNOWS THAT VICK IS DONE

At a time when multiple Falcons players are falling all over themselves to pledge unconditional loyalty to a man who has been living a warped dual life for years, spending his time away from the gridiron as a breeder and trainer of fighting dogs, at least one member of the team realizes what Monday's events mean.

"He's not on the team," running back Warrick Dunn said.  "That pretty much makes him an ex-teammate."

Still, others are taking up for a man who got his jollies watching dogs rip each other to shreds.

"Michael is a human being," tight end Crumpler said. "People have been trying to dehumanize him.  But he's hurting.  I know that.  Believe me, he's hurting."

Um, Alge?  We know you're upset that the guy who looked to you as soon as he felt the slightest pressure in the pocket and ran out of it won't be there to help you justify that big contract you received, but please don't tell us that anyone has been trying to "dehumanize" Mike Vick.  He dehumanized himself when he opted to act like something less than a human being by subjecting animals he professed to love to cruel activities, killing in cold blood those who were judged to be unfit to fight.

Meanwhile, we've heard that other current and former Vick teammates are carrying his dog-drowning water even after the revelation that Vick necessarily lied to them and the rest of us by claiming that he had nothing to do with the thing to which he now admits involvement.  We've received several e-mails complaining about the nonsensical ramblings of Ray Buchanan, who told FOX Sports Radio colleague Chris Landry in April that Vick fights dogs and who then tried to deny it while saying that even if he thought that Vick was a dog fighter he wouldn't snitch on him.

But Buchanan's recent words mirror those of many others who refuse to recognize the realities of this case.  Dog fighting is illegal.  Gambling is illegal.  Vick was immersed in the dog fighting and gambling lifestyle for years.  But yet people are attacking the system for picking on Vick when, for example, Rams defensive end Leonard Little served only 90 days after killing Susan Gutweiler in 1998, followed by an eight-game suspension.

The fact that Little got off easy doesn't mean that Vick should, too.  We've complained for years about the manner in which Little's situation was handled, and we're convinced that, if someone like Little were to kill someone while driving drunk in 2007, the consequences from an NFL standpoint would be far more dire.

Justice really is blind.  Though some claim in defense of Vick that the laws are in some way slanted against African-Americans, it's simply not true.  The law does not discriminate on the basis of race.  That said, rich people usually can afford far more skilled counsel than those who aren't.  The fact that the evidence in this case was strong enough to prevent even the best lawyers that money could buy from even trying to mount a defense should help to persuade anyone and everyone that Vick really is guilty, and that our sports heroes really can be capable of barbaric acts when out of the spotlight. 

And it's all the more reason for our society to stop putting someone on a pedestal simply because he can run really fast or throw a ball hard.


PFTV ON VICK

We intended to put this up on Monday, but technical difficulties prevented up from doing so.

Still, the Vick issue is still a red-hot subject.  So, in other words, watch the damn thing. 

 

If nothing else, we conjugated most of the verbs properly.


POSTED 11:28 a.m. EDT, August 21, 2007

POINDEXTER PLANS TO PROSECUTE

A major factor in the final outcome of the entire Mike Vick legal imbroglio is what will happen to him under Virginia law.  Though several readers have raised with us the notion of "double jeopardy," Vick has not faced animal cruelty charges under state law.  The feds had no jurisdiction over such crimes, since they happened only in Virginia.  For now, Vick has pleaded guilty only to conspiracy to violate several federal statutes dealing with interstate gambling and interstate dog fighting.  He has never been placed in jeopardy for animal cruelty charges.

And, if the statement of facts he signs on August 27 includes an admission that he participated in the killing of the eight dogs that Quanis Phillips and Purnell Peace admitted to killing with Vick, then it will be very easy to prove that Vick violated Virginia law.

Even Gerald Poindexter can't screw that up.

Nor does he intend to.

"I intend to prosecute to the fullest extent anything I can prosecute him on in Surry County," Poindexter said on Monday.

We used to think that Poindexter was dragging his feet on Vick because Poindexter, a part-time prosecutor in his 60s, didn't want to face an O.J.-style dream team.  But the challenge is now far easier than it would have been, and if Poindexter doesn't push forward aggressively, we'll conclude that his motives arise from corruption, not from sloth.


LESTER MUNSON'S HIT STREAK IS OVER

We'd been impressed by the work of ESPN.com's Lester Munson during the Mike Vick situation.  Munson has a knack for making legal concepts readily understandable, using an easy-to-read question-and-answer format.

But we've got to take issue with the last entry in Munson's latest submission:

"The local prosecutor in Surry County, Va., where Vick built his dogfighting compound, says he will now take action against Vick.  What can he do to Vick that the federal authorities haven't already done?

"Gerald Poindexter, the local prosecutor, can huff and puff and seek attention, but that's about it.  Vick need not worry much about Poindexter.  The federal authorities have the seven witnesses, the financial records, the e-mails and all the other evidence.  Poindexter can charge Vick with dogfighting under a Virginia law that makes it a felony, but any punishment the player might serve on that charge would be done at the same time Vick is serving his federal sentence.  Poindexter appears to be a bit embarrassed that the feds took over an investigation that he had started, and so whatever action he ultimately takes might be motivated, at least in part, by a desire to save face."

Lester, have you gone mad?  If Vick admits to participating in the killing of eight dogs deemed unfit for fighting, he's on the hook for eight counts of animal cruelty, at a maximum prison sentence of five years each.

And Poindexter won't need the "seven witnesses, the financial records, the e-mails and all the other evidence."  All Poindexter will need is the signed statement of facts, and it's a one-day, one-exhibit trial.

"I killed eight dogs."

Case closed.

Lester, what the hell are you thinking?


POSTED 9:36 a.m. EDT; LAST UPDATED 10:10 a.m. EDT, August 21, 2007

THERE SHOULD BE NO SECOND CHANCE FOR VICK

Though we're going to wait to see the statement of facts that Mike Vick signs on August 27, we will presume for now that it will contain an admission from Vick as to his involvement in the killing of eight dogs in April 2007 who were deemed to be unfit for fighting.  We think that this is a fair presumption to make, because two of his codefendants admitted to participating in these activities, and said that Vick was involved, too.  Thus, our guess is that federal prosecutors have pre-drafted Vick's statement of facts to include such an admission, and that prosecutors have made it clear to him that signing the document as written is a condition for accepting the plea offer.

So, if that's true, Vick will be admitting not only to being an illegal gambler and a dog fighter, but also to killing canines in cold blood.  Man's best friend.  The things that Vick has said he loves.  Remember this?

 

As many talking heads already are saying, Vick's decision to plead guilty and, more importantly, to admit guilt is the first step in his quest for redemption.  As Tom Jackson correctly said on ESPN's Monday Night Countdown on (duh) Monday night, we are a society that loves to give second chances.

But some people don't get second chances in our society.  Pedophiles don't get second chances.  Mass murderers don't get second chances (largely because they never get out of jail).  Even today, some 40 years after the commission of his crimes, would anyone give Charles Manson anything other than a minimum-wage job if he were to find himself again among the free?

Though our society has never had the occasion to consider whether to give a second chance to a star athlete who admits to killing dogs, we think that no second chance should be available to Mike Vick, and we hope to hear from the "real" media plenty of skepticism regarding Vick's apparent effort to lay the foundation for his redemption by authorizing his lawyer to issue a statement in which Mike acknowledges the "mistakes he has made."

Folks, this wasn't a bad decision made in a night club under the influence of Grey Goose.  This "mistake" was a lifestyle that unfolded over a period of years.  It's something that Vick likely would still be doing if his property in Virginia hadn't been searched by authorities in late April.

And after the operation was found, what did Vick do?  Did he take responsibility then?  No -- he blamed his friends and family.

"I'm never there.  I'm never at the house.  I left the house with my family members and my cousin.  They just haven't been doing the right thing.  The issue will get resolved." 

Oh, it has been resolved, Mike.  It surely has been resolved.

Folks, he lied.  To you, to the Commissioner, and to the man who has paid him millions of dollars.

And then Vick hunkered down, using the notion of innocent until proven guilty -- a principle aimed only at protecting the truly innocent -- to force local and federal officials to marshal enough evidence before Vick would even consider admitting that he'd been caught.

He almost got lucky.  Surry County prosecutor Gerald Poindexter was, by all appearances, ready and willing to sweep all of this under the rug, until federal authorities wisely got involved.

Then, when Vick was indicted by a federal grand jury, he continued to remain silent.  His lawyer professed his innocence on the courthouse steps, but in a perfunctory way that convinced no one who wasn't already predisposed to believing that Vick was clean.

It was only after Quanis Phillips and Purnell Peace pleaded guilty that Vick even began to ponder the possibility of coming clean.  And he only "did the right thing" after trying to get the best deal possible for doing it. 

Look, we've got no problem with a guy engaging in aggressive plea negotiations in an effort to come out of the discussions with the most positive (or, as the case may be least negative) outcome, it's unfair and inappropriate for Vick to sell this as acceptance of full responsibility.

The notion of accepting full responsibility implies that Vick has done something honorable.  But there is no honor in Vick's actions.  He cried "uncle" as his arm was about to be snapped off.

Other members of the media ("real" or otherwise) might be sufficiently naive to be buffaloed by this.  But not us.  And we hope that any NFL team that might be seduced by Vick's superb but primarily one-dimensional skills in 2010 or thereafter will consider the situation very carefully before giving this man a second chance that, in our view, he simply does not deserve.

So maybe the right outcome here is for the Commissioner to protect all future owners and coaches and G.M.'s from themselves by banning Vick for life. 


POSTED 4:56 p.m. EDT; LAST UPDATED 7:31 p.m. EDT, August 20, 2007

NFL SPEAKS ON VICK

The National Football League has issued the following statement regarding Mike Vick:

"We are aware of Michael Vick's decision to enter a guilty plea to the federal charges against him and accept responsibility for his conduct.  We totally condemn the conduct outlined in the charges, which is inconsistent with what Michael Vick previously told both our office and the Falcons.  We will conclude our own review under the league’s personal conduct policy as soon as possible.  In the meantime, we have asked the Falcons to continue to refrain from taking action pending a decision by the commissioner."

The league's statement doesn't address possible violations of the gambling policy but, it's likely that a separate review will be conducted within the confines of that specific rule.

The difference between the two provisions is that Vick would have the ability to pursue a grievance regarding any penalties imposed under the gambling policy.  Under the Personal Conduct Policy, the Commissioner is the judge, jury, executioner, court reporter, bailiff, and appellate court.


POSTED 4:34 p.m. EDT, August 20, 2007

WHAT NEXT FOR VICK?

With Mike Vick agreeing to plead guilty to federal conspiracy charges, what will transpire next?  Read on for our take on the coming developments.

First, Vick will officially enter his plea on August 27.  At that time, he will sign a statement of facts similar to the document that Quanis Phillips and Purnell Peace signed on Friday, with detailed admissions.  The biggest question?  Whether the document will include an acknowledgement from Vick that he participated in the killing of eight dogs in April 2007.

Second, if the statement of facts contains an admission as to the killing of the eight dogs, Vick will be giving Surry County, Virginia prosecutor Gerald Poindexter all he needs to obtain a conviction on eight counts of violating Virginia's animal cruelty laws.  Under Virginia law, he faces up to 40 years in jail.

Third, the NFL will be acting at some point, probably soon.  Look for Vick to be suspended indefinitely, with a final decision made after Vick submits his signed statement of facts.  Our guess?  He'll be suspended for at least one year for dog fighting, and at least one year for gambling.  Also, we think that any suspension will be tolled during his incarceration.

Fourth, the Falcons need to decide how to handle the situation.  Though many will expect owner Arthur Blank to cut him as soon as Commissioner Roger Goodell allows the team to proceed, the Falcons need to wait until Vick defaults on his contract so that the team can recover, as we calculate it, more than $28 million in paid bonus money.  The broader question is whether the Falcons must carry Vick on the roster during the term of his suspension in order to collect all of the $28 million, since the bonus money applies to future years of the contract that have not yet been served.

At some point, Arthur Blank must decide whether his desire to get his money back supersedes his desire to get Vick off of the team.


POSTED 2:32 p.m. EDT; UPDATED 2:39 p.m. EDT, August 20, 2007

VICK ADMITS GUILT

The Virginian-Pilot reports that Michael Vick has accepted a plea deal on federal conspiracy charges.  But it's more than just a guilty plea.  Vick is admitting that he did it.  A statement from lawyer Billy Martin reads as follows:

"After consulting with his family over the weekend, Michael Vick ask that I announce today that he has reached an agreement with Federal prosecutors regarding the charges pending against him.  Mr. Vick has agreed to enter a plea of Guilty to those charges and to accept full responsibility for his actions and the mistakes he has made.  Michael wishes to apologizes again to everyone who has been hurt by this matter.  The legal team and Mr. Vick will appear in court in Richmond on August 27th."

It's a far cry from Martin's initial statements regarding the case from July 23, when Martin had this to say:  "You all heard and saw that this was the first step from Michael in proving his innocence.  The indictment contains mere allegations."

In our view, Vick came clean because he realizes that there's no way he can ever return to the NFL without securing redemption, and that there can be no redemption without contrition.

The broader question is whether redemption is even available with contrition.  Should he get credit for telling the truth only after it was clear that there was no way out?  We don't think so. 

It's unclear whether the deal includes any type of commitment from the NFL as to Vick's possible suspension, or any commitment from authorities in Virginia regarding possible charges for animal cruelty arising from eight dogs that were killed on Vick's property in April 2007, the same month in which Vick told the Commissioner that there was no dog fighting on his Surry County, Virginia property.  If Vick's formal plea documents include an admission that he participated in the killings of the dogs, he's certain to face even more jail time in Virginia, where the total penalty will be up to 40 years.

The plea will be entered on August 27, at 10:30 a.m. EDT.


POSTED 1:23 p.m. EDT, August 20, 2007

NEGOTIATIONS CONTINUE?

Though it appears that Mike Vick has opted not to plead guilty to pending federal conspiracy charges, CNN suggests that talks are ongoing.

Per CNN, the pending offer recommends a prison term of 18-36 months.  Vick's lawyers are holding out for a recommended term of less than a year.  Regardless, Judge Henry Hudson will have the final say on this.

CNN also reports that the Vick camp is hoping to hear from the NFL on Monday about the potential impact of a guilty plea on Vick's playing career.  However, the league previously has indicated that it will not make such commitments in connection with the plea discussions.


POSTED 1:10 p.m. EDT, August 20, 2007

VICK PLEA DEAL WON'T BE ACCEPTED UNTIL AUGUST 27, AT THE EARLIEST

WSB-TV in Atlanta reports that a hearing before Judge Henry Hudson on any plea deal involving Falcons quarterback Mike Vick would not occur before Monday, August 27.

The reason for this delay is that, before a hearing can be scheduled, there has to be a deal.  As of yet, there is no deal.

Though the delay isn't significant, the real news here is that, if there's a deal, the judge presiding over the case hasn't been told about it.  And that suggests that there is no deal.

It makes us wonder whether there even will be.  At some point, prosecutors will pull the offer off of the table and proceed.

Of course, it's possible that the offer has been yanked, but that the Vick camp has yet to leak this fact to the media.  Don't count on the prosecutors saying anything more about this until the new indictment, with new charges, is announced.


POSTED 10:11 a.m. EDT; LAST UPDATED 10:44 a.m. EDT, August 20, 2007

IS VICK GOING ALL IN?

With much uncertainty surrounding the outcome of an NFL suspension and possible Virginia charges, it could be that Mike Vick has opted to reject (for now) the possibility of pleading guilty to pending federal charges.

Indeed, a federal grand jury has convened in Richmond, and it's expected that the grand jury will indict Vick on additional charges.

If Vick's primary motivation is to get back onto the football field, and if there's no way of knowing when that will happen if he agrees to the pending plea offer, the only way that Vick will be able to return is by fighting the current charges (and any new counts) in the hopes of securing an acquittal.

If Vick pleads guilty, he likely won't be back in the NFL until 2009, at the very earliest.  In fact, 2010 might be the more realistic season in which he would be allowed to return after spending a year or so in jail (which will wipe out, by the time his term starts, all of the 2007 and 2008 seasons) and after serving a post-prison suspension of one year.

If the suspension is stiffer, Vick waits even longer.

So while he'll be likely to face more than 20 years behind bars once he is indicted on the underlying federal violations that, for now, he is only charged with conspiring to commit, the quickest path back to the NFL is to fight the charges and win.

The stakes, of course, couldn't be higher.  If Vick is convicted on all charges, he's looking at a long, long time behind bars -- possibly more than a decade.

On Friday, one of Vick's lawyers said that there is no deadline for accepting the plea deal, but that prosecutors wanted to wrap the thing up by the end of last week.  Logic and common sense suggest that, with no deal announced as of Monday morning, Vick has decided to pass on the offer.

In fact, it's possible that the offer is no longer on the table.

If so, the federal authorities will move forward, with only one defendant on whom to focus.  And our guess is that they will be even more determined and zealous in their pursuit of Vick, because the prosecutors surely believe that they made him a fair offer, which they likewise believe should have been accepted.

Moving forward, a new indictment likely will mean a new trial date.  Our present guess is that the case will be set to start in early January, making it a direct distraction from the NFL postseason. 

Also, look for Commissioner Roger Goodell to suspend Vick for the 2007 season within the next two weeks.  Although former U.S. Attorney Eric Holder apparently has not yet submitted a final report to Goodell, the admissions signed on Friday by Quanis Phillips and Purnell Peace give the Commish all the ammo he needs to eject Vick from the game for the 2007 season, with further penalties possible based on the evidence presented at trial. 

The bottom line?  If Vick goes all in on these charges, he'll either play in the NFL in 2008.  Or never again.  With no way of knowing when or if a guilty plea on current charges would allow him to return to the league, and with pro football such a huge part of his identity, it's starting to look like that's the path he will choose.


POSTED 10:15 p.m. EDT; UPDATED 11:09 p.m. EDT, August 19, 2007

VICK WON'T ROLL OVER ON PLAYERS

Peter King of NBC reports that Mike Vick, if he pleads guilty, won't roll over on other NFL players who might be involved in dog fighting.

But what if giving up the goods as to what he knows about dog fighting and the associated gambling activities is part of the plea offer that's on the table?  We suppose that he could try to say "I don't know" when it comes to NFL players, but if the feds expect him to come clean and he tries to zip his lips, the plug could be pulled on the plea bargain.

King's report came as part of an insightful halftime discussion during NBC's Sunday night game between the Ravens and the Giants.  Cris Collinsworth raised the gambling angle, and King said that the NFL is as concerned, and possibly more concerned, about the gambling angle than the dog-fighting aspect of the case. 

King also said that any suspension from the NFL most likely will begin after Vick gets out of prison.

And Tiki Barber suggested that, if Vick names names regarding other players who are involved in dog fighting, Vick would never be accepted in another NFL locker room.

So, Tiki, are you saying that NFL players don't like it when one of their own speaks out of school?  Such as, for example, commenting on another player's contract?  Or criticizing teammates and/or coaches to the press?  You mean like that, Tiki?

As Tiki's new on-air teammate Peter King wrote less than two years ago after Tiki ripped the coaching staff following a playoff loss, "It was a bad decision to make that statement.  Just as you don't impugn your quarterback for a lousy game (and Eli Manning was a lot worse on Sunday than Tom Coughlin), you don't rip your coaching staff, even if you think it did a bad job.  Hey, I love to see people speaking the truth, and if Barber believes what he said, good for us.  Great story.  But I also think it's something you don't do as a team guy."


POSTED 7:53 p.m. EDT; UPDATED 9:00 p.m. EDT, August 18, 2007

STILL NO DECISION FROM VICK

Breaking news, folks -- Len Pasquarelli of ESPN.com reports that Mike Vick still hasn't made up his mind about whether to accept a plea agreement.

The rest of Len's piece reads a lot like various of the items that we've posted over the past week or so regarding the Vick situation.

Possible gambling charges (the new "real" media buzzword for avoiding the "G" word is "racketeering") in a new indictment?  Check.

Potential Virginia charges entailing up to 40 years in prison?  Check.

No commitment from Virginia authorities as part of the plea bargain?  Check.

Vick wanting to know as much as possible about his overall situation before taking the deal from federal prosecutors?  Check.

The only new revelation in Len's article is that Vick's folks have been talking to Virginia authorities in conjunction with the ongoing negotiations with federal officials.  But why would Surry County prosecutor Gerald Poindexter agree not to pursue charges of animal cruelty against Vick as part of the deal with the feds?

Did Poindexter agree not to prosecute Purnell Peace and Quanis Phillips?  As part of their federal pleas, they both signed paperwork which amounts to a confession as to eight counts of animal cruelty.  It would be grossly unfair and unjust for Vick to get a better deal than the guys who pleaded guilty before him. 

Many people have expressed to us suspicion that Poindexter is trying to help Vick.  We've resisted reaching such opinions; we believed that Poindexter merely hoped to avoid a protracted trial against an O.J.-style dream team.  But if Poindexter insists on no Virginia jail time as part of a deal in which Vick, like Peace and Phillips, admits to killing eight dogs, Poindexter should be removed from office, immediately.

One last point -- why do we suddenly get the feeling that Vick and company are trying to dictate the terms under which he'll accept a plea?  Frankly, we're surprised that federal prosecutors are letting this drag on, and we hope that at some point soon they tell him that, if he doesn't take the deal now, they'll see him in court later.


POSTED 9:40 p.m. EDT; UPDATED 10:29 p.m. EDT, August 17, 2007

NO VICK PLEA THIS WEEKEND

Adam Schefter of NFL Network reports that no plea agreement is expected from Falcons quarterback Mike Vick on Friday night or for the rest of the weekend.

Per Schefter, the plea watch will start again on Monday.

Meanwhile, it's increasingly clear that Falcons owner Arthur Blank isn't buying the notion that Vick is innocent.  "It's sad that those allegations exist and now they are confirmed by others," said Blank.  "It's sad that Michael has put himself into that kind of situation.  It's his responsibility for putting himself into that situation. . . .  From a personal perspective, it's just very sad.  It's distressing after six years spending time with somebody, you think you know them and then there's another side that is shocking to all of us."


POSTED 7:48 p.m. EDT; UPDATED 7:59 p.m. EDT, August 17, 2007

BLANK EXPECTS FRIDAY NIGHT PLEA

ESPN reports that Falcons owner Arthur Blank expects Mike Vick to agree to plead guilty to federal conspiracy charges on Friday night.

Subsequently, ESPN's Sal Paolantonio interviewed Blank on the field at the Falcons' preseason game, and Blank reiterated his belief in this regard.

Stay tuned.


POSTED 7:26 p.m. EDT, August 17, 2007

NO DEAL YET FOR VICK

With his three co-defendants already pleading guilty to federal conspiracy charges, Mike Vick stands alone.  The supposed deadline for accepting a plea deal has come and gone.  But it was an artificial deadline; the game doesn't change until a grand jury indicts Vick on new charges, based largely on the testimony of the guys who already have flipped.

On Friday afternoon, lawyer Danny Meachum told V-103 in Atlanta that no agreement has been reached

Meachum said that there have been discussions between the legal team and prosecutors about the parameters of a deal.  He also said that there is no deadline, but that the prosecution hoped too have a deal in place if at all by the end of the week.

Meachum also claims that Vick has been "dehumanized" in the media, and that the team of lawyers have been too busy to do P.R. work aimed at countering the criticism of their client.

Please.  Vick had months to get the P.R. machine rolling on this one, and it never happened.  Besides, why should lawyers be doing P.R. for a guy with the money to hire P.R. specialists?

In the end, the answer could be that Vick was simply too cheap to plunk down the money for some Manhattan-style P.R. expertise.


POSTED 3:06 p.m. EDT; UPDATED 3:12 p.m. EDT, August 17, 2007

POINDEXTER SAYS HE'LL PURSUE VICK INDICTMENT

Surry County, Virginia prosecutor Gerald Poindexter tells the Atlanta Journal-Constitution that he intends to seek an indictment of Mike Vick when a grand jury convenes in September.

"The execution of these animals — and the manner in which they were executed — is startlingly offensive and demanding of prosecution," Poindexter said.

With signed statements from Quanis Phillips and Purnell Peace indicating that they, and Vick, participated in the killing of eight dogs in April 2007, all that Poindexter has to do is submit the statements to the grand jury and indictments will flow.

In fact, we're wondering whether the lawyers for Phillips and Peace realized that their clients were admitting to facts that would subject each of them to up to an additional 40 years in prison under Virginia law.  Unless the plea deal included a commitment from Poindexter that there will be no state charges against Phillips or Peace, both men have potentially signed away their freedom for a big chunk of their remaining lives.

Still, we don't think that these statements from Phillips and Peace mean that Vick will automatically be indicted.  In fact, we wouldn't be surprised to hear Poindexter eventually announce that the grand jury decided that Phillips and Peace were not credible witnesses, and that therefore Vick shouldn't be indicted on animal cruelty charges.

We also wouldn't be surprised, given Poindexter's past handling of this matter, to see quotes from him as early as tomorrow in which he says that he won't be seeking an indictment of Vick.  


FALCONS LIKELY WON'T IMMEDIATELY CUT VICK

We need to clarify a statement that appears below regarding the Falcons potential plans for Vick if/when he pleads guilty to pending conspiracy charges.

If they cut him while he is still on his current non-suspension suspension, the Falcons likely would forfeit the ability to pursue more than $28 million in previously paid bonus money.  To date, he has not yet defaulted on his contract, because his absence has been necessarily excused.

Our guess, then, is that the league would immediately suspend Vick indefinitely, pending a final decision after a full review of the case.  After the suspension is imposed, the first practice or preseason game that Vick misses would put him in default on his contract.  Once he's in default, the Falcons would file a non-injury grievance for a refund of the money, and then they would cut him.


POSTED 2:52 p.m. EDT, August 17, 2007

OUR TAKE:  VICK WILL NEVER PLAY IN THE NFL AGAIN

As we continue to hear various members of the "real" media ponder the possible return of Mike Vick to the NFL at some point in the future, we're becoming even more convinced that he'll never play in the NFL again.

The final nail in Vick's NFL coffin, we believe, comes from this passage from the statement of facts signed by Quanis Phillips, a long-time Vick friend and associate who pleaded guilty on Friday to federal conspiracy charges:  "[Purnell] PEACE, PHILLIPS, and VICK executed approximately 8 dogs that did not perform well in 'testing' sessions at 1915 Moonlight Road by various methods, including hanging and drowning.  All three participated in executing the dogs.  PHILLIPS agrees and stipulates that these dogs all died as a result of the collective efforts of PEACE, PHILLIPS, and VICK."

We are a society that loves redemption.  But there can be no redemption, in our opinion, from misdeeds arising from messing with kids and dogs.  Vick will try, possibly by becoming the leading public voice against animal fighting.  Still, we don't think anyone will listen.  His months of express and implied denials will make his belated epiphany suspicious at best, and we're not sure that anything he can say or do will ever erase mental images of the soon-to-be-former Falcons quarterback killing canines.

Besides, we fully expect the Vick spin machine to argue that Vick is actually innocent of all charges, but that he pleaded guilty to avoid the uncertainty of going to prison for a much longer period of time.  Thus, without any true contrition from Vick, he's got no chance at redemption.

Even if Vick somehow can achieve redemption while his body is still young enough to play football, we're not quite sure how he'll ever be able to rejoin an NFL team.  As a couple of readers have pointed out to us (and as we should have realized), Vick most likely will have to be under contract to serve his suspension.

So if he pleads guilty and if the Falcons promptly release him (as they should) and if Commissioner Roger Goodell later imposes a one-year suspension, Vick will have to find a team that is willing to take on the stigma of signing him at least one year before placating the public by unleashing his talents.

It just won't happen. 

Yes, in a league of 32 teams it only takes one owner to say "yes," but let's give the folks who own these franchises a little credit on this one.  Though they all want to win football games and make money, no amount of spit and polish will be able to clean the ick off of Vick. 


POSTED 10:07 a.m. EDT, August 17, 2007

PHILLIPS, PEACE ADMIT TO KILLING DOGS WITH VICK

In a statement of facts signed in connection with the guilty pleas entered on Friday morning by Purnell Peace and Quanis Phillips, Peace and Phillips admit to participating with Vick in the killing of eight dogs in April 2007, according to ESPN.

In our view, this means that Virginia authorities now have the green light to proceed with an indictment of Vick on eight counts of animal cruelty.  Under Virginia law, he'd face up to 40 years behind bars, in addition to any federal prison term that he serves.

The alleged involvement in killing dogs is, in our view, proof positive that Vick will never be able to return to the NFL.

ESPN also reports that Phillips immediately was taken into custody because he failed a drug test while free on bond.


POSTED 8:21 a.m. EDT; LAST UPDATED 8:43 a.m. EDT, August 17, 2007

CLOCK TICKS FOR VICK

Per published reports, Mike Vick has until 9:00 a.m. EDT to accept a deal that would entail pleading guilty to pending conspiracy charges in exchange for a recommendation by prosecutors of a 12-18 month jail term.

The New York Times reports that Vick's lawyers have advised him to take the deal.

Vick's two remaining co-defendants will be pleading guilty at 9:00 a.m. and 9:15 a.m., respectively.

If Vick doesn't take the deal, he most likely will be indicted on more charges next week.  There still has been no mention (that we've seen) as to whether a guilty plea on federal charges will include a commitment that he won't be prosecuted in Virginia for dog fighting, animal cruelty, or gambling. 


SUSPENSION SHOULD START AFTER RELEASE

The NFL has made it clear that a decision as to Mike Vick's punishment for violation of league policies won't be made until after he pleads guilty to pending charges, if he indeed pleads guilty.

But to the extent that Vick or anyone else thinks that a suspension will be served while he is in prison, we don't think it should be that simple or easy for him.

In order to make the suspension have the intended deterrent effect on other players, the suspension should not begin until after Vick is released from custody. 

Commissioner Roger Goodell has broad discretion in determining Vick's punishment.  Under the Personal Conduct Policy, Goodell has sole authority to fashion the penalty, and he likewise is the person who will review the decision on appeal.

If Vick pleads guilty, he likely won't be sentenced until November or December.  If his jail term starts in January 2008, he'll be unavailable for the entire 2008 season.  If Goodell imposes a one-year suspension that begins after Vick is released, Vick will be knocked out for the 2009 campaign.

Though we don't think that Vick will get a lifetime ban from Goodell, we think that it will be for at least two years -- one year for dog fighting, and one year for gambling.  If the suspensions start after he gets out of jail, he won't be eligible to be back on the field until 2011, when he'll be 31 years old.

Even then, we're not sure anyone will sign him -- and we have a feeling that the NFL owners will be urged by the powers-that-be never to bring Vick back to the league, since to do so would provide a constant reminder of one of the most troubling player misconduct episodes in NFL history.


POSTED 8:48 p.m. EDT, August 16, 2007

VICK JUDGE CLEARS MONDAY DOCKET

In a move that could be a sign that Mike Vick has agreed to a guilty plea that will be entered on Monday, WSB-TV in Atlanta reports that Judge Henry Hudson has cleared his docket for Monday, August 20.

Other hearings had been scheduled for August 20, but are now gone.

Vick reportedly has until 9:00 a.m. on Friday, August 17 to decide whether to formally accept a plea offer.  If Vick does not accept the plea, prosecutors are expected to pursue additional charges against Vick before a grand jury that convenes on Monday, presumably based in part on testimony from Purnell Peace and Quanis Phillips, both of whom will plead guilty on Friday morning. 


POSTED 8:31 a.m. EDT, August 16, 2007

VICK'S DESIRE TO PLAY COULD GET HIM TO PLEAD

The fact that a guilty plea on pending conspiracy charges could result in a sentence in the range of 12 to 18 months for Mike Vick, and the strong possibility that new charges could push his maximum stay (as we calculate it) to more than 20 years, likely would prompt most reasonable persons to conclude that Vick should accept the deal -- barring a high degree of confidence that a full acquittal could be obtained at trial.

The strong likelihood that Mike Vick would never play pro football again if convicted on the stiffest potential charge of maintaining an interstate gambling enterprise makes it even more important for him to take the deal that's on the table, we believe.

Though ESPN's Chris Mortensen has reported that the NFL isn't interested in participating in negotiations aimed at securing for Vick both a certain prison sentence and a certain suspension, the Richmond Times-Dispatch reports that Vick's legal team still wants to know what kind of a penalty he'll face from the league if he pleads guilty.

But while Vick would be pleading only to federal conspiracy charges relating to gambling and dog fighting, the league might decide to base Vick's ultimate sanction on facts that would be relevant to the charges that have yet to be filed, either at the federal level or at the state level.  So it would be premature for the league to issue a final decision about Vick's situation until there's time to explore every angle of the case.

Meanwhile, we've seen no mention in any of the media reports as to whether the possible charges based on violation of Virginia's animal cruelty laws would be resolved as part of a federal plea agreement.  Vick currently is not indicted for participating in the killing of dogs or with dog fighting under Virginia law, and absent a comprehensive plea agreement he would still face prosecution there.

On one hand, the Vick legal team might be counting on Surry County Gerald Poindexter to decide that Vick's federal punishment is fair and sufficient, and that the investigation should be closed.  On the other hand, the backlash from a guilty plea on federal conspiracy charges could prompt Virginia attorney general Bob McDonnell -- who might run for governor in 2009 -- to personally take aim against Vick and his co-defendants based on the allegations that eight dogs were killed in the Commonwealth in April 2007.

It's one thing for a Virginia politician to attack at a local hero while he's still a hero.  It's quite another thing to chase him down once he has become a pariah.

Though Vick "badly wants to get back to the game" of football even if he must first serve time in prison, Vick and his lawyers would be stoopid to think that taking this deal means that Mike would be able to roll back into the NFL once he is released from custody.

Really, a return for the 2008 season is likely impossible, given that he wouldn't be sentenced until November or December.  If he only spends a year in prison, the earliest he'd be able to come back to the NFL would be 2009.

And this assumes that the league won't suspend him beyond the end of his prison stay, and that Virginia won't try to put him away for up to 40 years for his alleged role in the killing those eight dogs.  As we see it, neither assumption is warranted at this point.


POSTED 9:43 p.m. EDT; UPDATED 9:54 p.m. EDT, August 15, 2007

VICK OFFER INCLUDES AT LEAST ONE YEAR OF PRISON

The Virginian-Pilot reports that federal prosecutors have offered to Mike Vick a plea deal that will include a recommendation of a sentence of at least one year in prison.

Vick has until 9:00 a.m. EDT on Friday, August 17 to accept the deal, or to face additional charges.

There were reports on Tuesday that Vick's lawyers wanted a deal that would entail less than one year in jail.  Earlier on Wednesday, a report emerged that Vick's legal team is divided on whether he should plead guilty.  Our take on that specific information leak is that the Vick P.R. machine (to the extent that there even is one) realizes that news of such a split is necessary to support the eventual conclusion that Vick didn't do it.

Dave Forster of the Virginian-Pilot explained on MSNBC moments ago that Vick would be required to plead guilty to the pending conspiracy charges, which include conspiracy to maintain an interstate gambling operation and conspiracy to engage in interstate dog fighting.


LEAGUE WON'T PLAY "LET'S MAKE A DEAL"

Though Mike Vick's lawyers had been shooting for a plea deal that would entail less than a year of jail for Vick and a negotiated suspension with the NFL that would allow Vick to return to pro football, Chris Mortensen of ESPN reports that Commissioner Roger Goodell "refuses" to engage in such negotiations.

Instead, the league will continue with its own investigation, and will also monitor developments in court.

If Vick pleads guilty to conspiracy charges based on interstate gambling, he could be on the wrong end of a lifetime ban from the NFL.

Then again, the Commish probably doesn't need to go that far.  We simply can't imagine any team hoping to make more money than it spends choosing to give Vick a chance to return to the NFL.  Ever.


POSTED 12:36 p.m. EDT, August 15, 2007

DEANGELO HALL COULD TESTIFY  by Michael David Smith

PFT Editor Mike Florio has checked in to report that he's hearing from sources with knowledge of the investigation that cornerback DeAngelo Hall could be the Falcons player called to testify if quarterback Michael Vick goes on trial.

We previously noted that CBS 46 in Atlanta is reporting that an unnamed teammate of Vick's, described as "a prominent member of the team," could testify if Vick chooses to face a trial rather than plead guilty.

Vick and Hall grew up in the same area of Virginia, and both attended Virginia Tech. Vick is three years older than Hall, and Hall has described Vick as a role model.

In an interview with the Associated Press shortly after Vick was indicted, Hall said, "Mike became Mike at Virginia Tech. ... Just seeing him in college, seeing him grow and mature as a player, it was a beautiful thing. It’s one of the reasons I decided to go to Tech.”


POSTED 9:20 a.m. EDT; LAST UPDATED 10:17 a.m. EDT, August 15, 2007

FALCONS TEAMMATE TO TESTIFY IN VICK CASE?  by Michael David Smith

Citing unnamed sources, CBS 46 in Atlanta is reporting that if Falcons quarterback Michael Vick stands trial in federal court, one of his teammates could be called to testify.

CBS 46 does not identify the teammate, other than to call him "a prominent member of the team." The report says the Falcons are aware of this angle to the story. It is not clear whether the teammate would be a prosecution or defense witness.

If it's true that another Falcon would be one of the witnesses, the NFL and Falcons owner Arthur Blank must be hoping Vick pleads guilty. Even if the teammate did nothing wrong and would testify truthfully about something he saw Vick do, the last thing they want is more players dragged into this mess.

CBS 46 is also reporting that Vick’s defense team is divided over whether Vick should plead guilty.

According to the report, sources on Tuesday told Gil Tyree of CBS 46 that one part of the defense team wants to reach a deal with prosecutors, while the other wants to go to trial.
 


POSTED 7:53 a.m. EDT; UPDATED 8:27 a.m. EDT, August 15, 2007

PETRINO'S PRIVATE NUMBER WAS FOUND AT VICK'S VIRGINIA HOUSE

A source with knowledge of the Mike Vick investigation has shared with us some previously unknown details about the situation.

Here's the kicker, in our view.  The feds' initial search of Mike Vick's house in Virginia turned up Falcons coach Bobby Petrino's private phone number.  The implication is obvious -- Vick goes to the property, and had been there this year, because Petrino was hired in January 2007.

Compare that nugget to Vick's only comments on the matter:  "I never go there."

Also, the second federal search of the Vick property in Surry County was aimed at confirming the reliability and credibility of the informants.  The dog carcasses found on the second dig meshed with information given regarding the means of death; thus, an indictment was obtained 10 days later.


SO WHO BOUGHT VICK'S HOUSE?

Once of the details that has gotten lost in the shuffle during the past month or so since Mike Vick was indicted on federal conspiracy charges is the sale of his property in Surry County, Virginia, which apparently was never consummated.

A local business owner said that "heads will turn" when the identity of the new owner is revealed.

It has never happened.

So who was it?

We've picked up some information in this regard, but aren't quite ready to reveal the name.  We might ultimately have to hand it over to someone from the "real" media who is in a position to confirm it.

But, yeah, heads will turn if what we're hearing ends up being true.


ARE THERE FOLKS AT ESPN WHO FEAR THE "G" WORD?

As we continue to monitor ESPN's handling of the Mike Vick prosecution, we continue to see entire segments devoted to the case that mention not once the fact that the more serious charge that Vick presently faces is the claim that he conspired to maintain an interstate gambling operation.

Just now on Man-Girl & Meatball in the Morning (also known as "Mike and Mike"), Mike Greenberg and Michael Smith (who should replace one of the two Mikes permanently, in our view) talked at length with Roger Cossack about the possibility of a plea deal.

The word "gambling" wasn't uttered once.

At one point, one of the Mikes asked Cossack what Vick would be pleading guilty to if he does a deal.  In his response, Cossack seemed to be deliberately avoiding the fact that conspiracy to maintain an interstate gambling enterprise is one of the three statutes that Vick allegedly conspired to violate -- and thus one of only three things to which we could plead guilty.

Also, there was no mention of the fact that Vick's biggest risk in refusing to accept a plea is that a new indictment will charge him with the underlying crime of interstate gambling, which carries a maximum sentence of 20 years.  Because dog fighting was a mere misdemeanor at the time all of this went down, those charges have a maximum sentence of only one year behind bars.

And, amazingly, a detailed graphic shown during the Cossack interview that attempted to summarize the charges did not contain the word "gambling."

With that said, we're told that there have been some references to the gambling angle on ESPN.  For example, Chris Berman talked about the gambling aspect of the situation on Monday Night Countdown this week. 

Still, we're getting the distinct impression that there are producers and on-air talent in Bristol who have decided that it's not in their best interests to mention the "G" word in this case.

But now that the Commissioner has acknowledged the league's concern about the gambling aspect (which we continue to hear is far more important to the federal government than the dog-fighting component), why does any portion of the "real" media feel compelled not to mention the gambling?

We can think of two possible reasons.  First, the gambling side of it isn't as sexy as the dog fighting.  But even if that's the case, wouldn't the gambling at least be mentioned?

Second, the powers-that-be at ESPN know that a certain segment of the audience that drives the rating points (and thus the advertising dollars and cable subscriber fees) is watching in order to obtain information that will assist their own gambling activities.  So if the folks on the air are talking about how easy it is for anyone to establish an illegal interstate gambling operation based on any type of gambling (including betting on the sports that ESPN covers), some of the members of the audience who are currently participating in illegal interstate gambling operations might get scared straight.

And then have no further reason to watch ESPN.

Cynical?  Yes.  Realistic?  You decide.

Before folks start filling up our in box with e-mails reminding us that ESPN has been covering the Tim Donaghy case, keep in mind that there's no way to cover that story without talking about the gambling.  Also, the moral of the Donaghy story is that refs shouldn't bet on the sports that they cover; there's a subtle implication in that message that it's okay for all of the non-refs out there to put money down on the sports that they follow.

Regardless of the reason, this is one of the strangest journalistic phenomena we have ever seen.  And if the gambling angle hasn't been overlooked by plenty of folks at ESPN for a specific reason, then the only explanation is that Emmitt Smith isn't the only complete ignoramus on the payroll.


POSTED 10:55 p.m. EDT, August 14, 2007

VICK'S LAWYERS INCLUDING LEAGUE IN PLEA TALKS?

In an updated item on its web site, the Atlanta Journal-Constitution suggests that Mike Vick's legal team is trying not only to secure a prison stay of less than a year, but also to salvage Vick's NFL career.

The AJC points out that such an approach would require the NFL's involvement, since the league's disciplinary process is independent of the legal system.  But it's unclear whether the league is inclined to participate in any such deal.

The only thing that the league would have to gain from such an approach would be to ensure that Vick doesn't blow the lid off of a suspected dog-fighting subculture among NFL players.  Instead, Vick would plead guilty, keep his mouth shut, do his time, and return to the NFL at the end of a suspension of agreed length. 

But even if the league were to consent to, for example, a one-year suspension to be served during the one year that Vick is in prison, that doesn't mean that he'd ultimately get a gig with another team.

Though we love redemption stories (see Albert, Marv), Vick allegedly killed Lassie.  Multiple Lassies, actually.  Can any NFL team justify bringing this guy on board, ever?

Our guess (hope) is that the league will, in the end, refuse to enter into any deals with Vick.  Mike made this mess, for himself and for the league.  The league shouldn't now help him get the lightest possible penalty for his actions.

In addition to the NFL, it also would be wise for the Vick team to be talking to Virginia authorities about joining in any agreement with the feds.  Even if Vick pleads guilty to pending federal charges, he still faces multiple possible counts of animal cruelty under Virginia law.  And those potential charges apply regardless of the outcome of the federal charges.


POSTED 8:32 p.m. EDT, August 14, 2007

VICK LAWYERS WANT LESS THAN A YEAR BEHIND BARS

ESPN reports that the lawyers representing exiled Falcons quarterback Mike Vick want to secure for their client jail time of less than one year in exchange for a guilty plea.

ESPN also reports that the lawyers have recommended that Vick accept the deal, if it entails less than a year behind bars.

It's a great deal, if Vick can get it -- and if the judge approves it.  But the non-prison fallout would be significant.  Vick would likely owe the Falcons, as we've reported, more than $28 million in previously paid bonus money.  He would receive a stiff suspension from the NFL, and possibly a lifetime ban if he pleads guilty to conspiracy to maintain an interstate gambling enterprise.

Even with a suspension of only one year, Vick would remain radioactive.  The Falcons came under heavy fire from animal rights groups for employing Vick after an indictment was filed; if/when Vick pleads guilty to charges relating to dog fighting, any team that even considers bringing Vick on board would become an instant target of derision from the dog-loving public.

Considering the situation from a football perspective, what team would want to bring a rusty Vick on board as a starting quarterback?  He has regressed over the past few seasons, and there's no reason to think that a year or so in prison will make him better.

He's also a terrible option as a backup quarterback, since the team would need to have a Vick clone as the starter in order to justify such a move.  Otherwise, the coaching staff would need one playbook for Vick, and another playbook for the "real" quarterback.

In the end, Vick's only value might come as a Devin Hester-style player who gets the ball in his hands in traffic, and makes things happen.  But Vick is no spring chicken, and the legs might start to go not long after he would be reinstated to the NFL, assuming that he ever is.


POSTED 5:47 p.m. EDT, August 14, 2007

VICK LAWYERS NEGOTIATING PLEA DEAL

The Atlanta Journal-Constitution reports that Mike Vick's lawyers currently are negotiating a plea deal with federal prosecutors. 

It's a no-brainer, we think, for Vick to cop a plea.  Barring evidence that would clearly exonerate him, the risks of fighting the current (and coming) charges are too great.

As it now stands, Vick faces up to six years on federal conspiracy charges.  If a new indictment includes counts based on the statutes that, for now, he is merely charged with conspiring to violate, the maximum prison time would be pushed to 27 years, if the terms run consecutively.  Even if all of the terms run concurrently, the worst-case scenario would be 20 years.

There's also a real benefit to accepting guilt early.  Under the federal sentencing guidelines, coming clean quickly is a factor that pushes the sentence down.

Then again, the fact that Vick will be pleading out only after the other three defendants opted to do so might not get him the full benefit of his decision to acknowledge his responsibility for the crimes.

Our guess is that the prosecutors have laid out enough evidence for Vick's lawyers to persuade them that there's no way out of this shrinking box, and that the lawyers and other Vick handlers are trying to get him to come to grips with the reality that it's in his overall best interests to accept certain jail time.

Maybe, as one reader pointed out, part of what Vick can bring to the bargaining table is a willingness to name names as to all persons (including NFL players and, perhaps, elected officials) who were involved in dog fighting and/or attended dog fights.  Given that a couple of Vick's long-time friends are now willing to snitch on him, Mike might decide that it's time to snitch on everyone.


PHILLIPS PLEA MAKES IT HARDER FOR VICK TO SELL THE SGT. SCHULZ DEFENSE

One of the practical realities of the news that the other remaining co-defendants in the Mike Vick litigation will plead guilty to federal conspiracy charges relating to gambling and dog fighting is that it will become much harder for Vick to say that he didn't know what these guys were doing.

Quanis Phillips, as our own Taco Bill discovered while this story was barely a blip on the national media's radar screen, was listed as the contact person on Vick's supposedly legitimate dog-breeding web site.  And Phillips was with Vick when an airport employee's Rolex came up missing in October 2004.

The following year, Vick (who has been described by some as a victim of his friendships) stood up for guys like Phillips.  "We all grew up tight," he said.  "We all stuck together before I was Mike Vick . . . before the fame and stardom, before the money.  There's not one new guy in my circle.  Everybody I have around me is out for my best interests."

Now, let's rewind to April 2007, when Vick claims that he never goes to the Surry County property, and thus doesn't know what's happening there.  The image created by his denial was that Vick allowed cousin Davon Boddie to live at the house, and that Boddie and/or other Vick family members and friends were fighting dogs without Vick's knowledge of involvement.

With Quanis Phillips prepared to admit in open court that he was part of the dog-fighting operation, Vick's denial becomes far more suspect, because it would be even more difficult (in our view) for a guy like Phillips to be able to engage in dog fighting (and all of the training and prep work that goes along with it) without Vick being aware of what was happening.

And before anyone else in the media suggests that Vick can beat the rap because the people testifying against him are of suspect character, consider the fact that these men weren't strangers to Vick.  Vick chose to associate with at least one of them, Quanis Phillips, for years.  The fact that Phillips or any of the other witnesses have warts on their butts shouldn't be a determining factor as to whether they are telling the truth.  The warts weren't big enough to keep Vick from associating with them; thus, the warts shouldn't allow Vick to distance himself from them now.  


POSTED 10:44 p.m. EDT; LAST UPDATED 11:43 p.m. EDT, August 13, 2007

CLEARLY, VICK DID IT

As the sports world continues to get its arms around Monday's surprising news that Mike Vick's two remaining co-defendants are going to plead guilty to charges that they conspired with Vick to maintain an interstate gambling enterprise and an interstate dog-fighting operation, we think it's time to apply some common sense to the current state of affairs.

Throw the presumption of innocence out the window, folks.  Clearly, Vick is factually guilty of the charges filed against him.  Why else would each of the three men with whom he allegedly conspired admit that there was a conspiracy?

Each of the three men will go to jail.  The only benefit that they'll derive from their decision to 'fess up is that they'll avoid being charged with the underlying crimes, which in the case of the interstate gambling enterprise carries a far stiffer maximum penalty. 

And now Vick must ask himself whether he wants to take advantage of that same benefit.  He can plead guilty to conspiracy charges and hope for the best when it comes to sentencing, or he can roll the dice and hope that his lawyer can discredit seven witnesses (and counting), each of whom will presumably testify that Vick was involved in the gambling and dog-fighting venture.

The fact that Vick is reportedly contemplating his options reinforces our belief that Vick is by no means innocent.  Innocent men don't ponder pleading guilty; they proclaim their innocence in clear, certain terms and they prepare to prove their innocence in court.

Per ESPN, if Vick doesn't plead guilty to the conspiracy charges by Friday, a new indictment with at least two new dog fighting charges will be filed.  We believe that the new indictment will likely also include a count based on Title 18, Section 1952 of the U.S. Code, which is titled "Interstate or foreign trade or travel in aid of racketeering enterprises," and which carries a maximum penalty is 20 years behind bars. 

It is a tremendous dilemma for Vick.  The man who has spent his life escaping with ease from difficult situations is now backed into a corner.  One option means certain imprisonment for a relatively short period of time.  The other option means a strong likelihood, but not a certainty, of an even longer period behind bars.

Vick might be inclined not to plead guilty because to do so would likely end his NFL career permanently, but even an acquittal at this point won't be enough to get Vick back inside a shirt with the shield at the bottom of the collar.  We've said all along that Vick will have a chance at returning to the NFL only if there is Duke lacrosse-style evidence that fully exonerates him.  With Purnell Peace and Quanis Phillips pleading guilty as charged, that's simply not going to happen.

So we think Vick's best bet is to plead guilty, bid farewell to the NFL, do his time quickly and quietly, and then return to the CFL or the UFL or whatever other FL is out there when he gets out.

And, if all else fails, there's always pro wrestling.

UPDATE:  ESPN's Kelly Naqi just said on SportsCenter that if Vick doesn't plead guilty to pending charges by Friday he'll face at least two new counts for "felony dog fighting."  But dog fighting didn't become a felony under federal law until a couple of weeks after the initial search of Vick's property in Virginia.  Under federal law, it was a misdemeanor at the time Vick was allegedly engaged in it.  And ESPN continues to ignore the gambling aspect of these charges.  


POSTED 6:50 p.m. EDT, August 13, 2007

THE OOKIE STANDS ALONE

When Tony Taylor pleaded guilty to federal conspiracy charges, the development was met with a shrug of the shoulders by the remaining Mike Vick apologists out there, since Taylor had a falling out with Vick and his other alleged co-conspirators several years ago.

But now the other two co-defendants are cutting deals, too.

Purnell Peace has a plea hearing set for Thursday, August 16 at 9:00 a.m., and Quanis Phillips has a similar hearing set for Friday, August 17 at 9:00 a.m.

The online announcement of the hearings is right here.

This is an enormously significant development, in our view.  Phillips has been a long-time friend of Vick's, and Phillips was listed as the contact person on Vick's now-defunct K-9 Kennels web site.  Also, although Taylor was out of the picture by late 2004, Phillips and Peace were apparently involved in the dog-fighting operation until the point that it was uncovered in late April.  Presumably, they both will admit to a direct role in the killing of dogs deemed unfit for fighting earlier that same month, and could point a finger at Vick on this point, too. 

Though both guys surely had planned to stand firm with Vick, they've likely decided in the 27 days since being indicted that it's in their best interests to plead guilty to the pending conspiracy charges, which could help them avoid indictment on the underlying offenses of interstate gambling and interstate dog fighting, which carry maximum penalties of another 21 years in prison.

The question now for Vick, as we see it, is whether he should plead guilty as well to the conspiracy charges, or whether he should risk getting indicted -- and ultimately convicted -- on the stiffer charges.

If Vick pleads guilty, we suspect that he'll eventually try to say that he didn't do anything wrong, but that he didn't want to take a chance of going away for so long that he could never play football again. 

But if Vick thinks that this strategy will allow him to serve some time and play football he's even dumber than he was on the day that he got mixed up with Taylor, Purnell, and Peace.  If Vick pleads guilty to anything, he'll be done in the NFL, either as the result of a lifetime suspension or a concerted shunning by the 32 franchises.


POSTED 8:51 a.m. EDT; UPDATED 9:19 a.m. EDT, August 13, 2007

NFL DENIES REPORT OF VICK SUSPENSION

In response to a report from Jason Cole of Yahoo! Sports that Falcons quarterback Mike Vick likely will receive a one-year suspension within the next week or two, NFL spokesman Greg Aiello tells USA Today that "[n]o decision has been made."

Aiello also explained that the league is still awaiting the results of an independent review, and that no action will be taken until after the investigation is completed.

This meshes with Peter King's report from halftime of last night's NBC preseason game.  King said that former U.S. Attorney Eric Holder is expected to submit his report within the next week or two.

But we think that both positions can be harmonized pretty easily.  Even if the independent review has not been completed and even if no decision will be made until the investigation is done, it's possible that the folks inside the league offices have a pretty good sense of where this is all going to end up.

As should anyone with any amount common sense.

Think of it this way.  Vick currently is banned from camp, but he hasn't been suspended.  He's getting paid during his non-suspension suspension.  So, barring a real suspension, what will happen when the regular season starts?

If he is allowed to return, the Falcons will undoubtedly impose a four-game suspension for conduct detrimental to the team.

But then what?  The Falcons can't send him home with pay after a four-game suspension, thanks to the T.O. clause in the revised CBA.  Besides, a paid leave of absence doesn't "feel" right in this case, and presumably was ruled out before the NFL stepped in and told Vick to stay away from camp.

The bottom line is that Vick can't come back while the current allegations against him are pending.  The only question is whether his ongoing absence occurs on a paid or unpaid basis.  If the paid leave option is already off of the table, then the obvious choice is unpaid leave.

And the only way that can happen is with a suspension.


POSTED 9:43 p.m. EDT; LAST UPDATED 10:02 p.m. EDT, August 12, 2007

VICK REPORT NOT DONE YET

Peter King of NBC just explained at halftime of Sunday night's preseason game that the report of former U.S. Attorney Eric Holder has not yet been completed, and won't be for at least a week or two.  Holder is the guy who has been asked to look into the question of whether Mike Vick violated the Personal Conduct Policy.

King also says that, absent such a report, Commissioner Roger Goodell won't make a decision as to whether Vick indeed violated the policy.

But King reiterated Goodell's comments to him from last month.  If it turns out that Vick was lying to Goodell when Vick said in April that there was no dog fighting occurring on Vick's property in Surry County, Virginia, Goodell will deem the misrepresentation to be a violation of the Personal Conduct Policy.

The fact that Tony Taylor already has pleaded guilty as charged to his involvement in a dog-fighting operation housed on Vick's property would seem to be enough proof to conclude that Vick was lying.  And, in turn, that would be enough to boot him out of the league, possibly for a year.


SUSPENSION CARRIES $28 MILLION PRICE TAG

If Falcons quarterback Mike Vick is suspended by the league prior to the start of the regular season, Vick will owe $28.76 million in bonus money that he already has received. 

We did the math on July 21; the full story can be seen in our U.S. v. Vick file.

The calculation was based on bonus forfeiture language used by the Falcons in a similar contract the team was using at about the same time that Vick signed his extension that carries $37 million in total bonus money.  The roster bonuses that were part of that total amount were converted to signing bonuses, and thus apparently are in play when the time comes to determine how much Vick owes.

The bigger question is whether Vick even has $28 million in liquid assets.  Sure, he's made plenty of money.  But he's spent plenty, too.  And he has paid taxes in the highest possible bracket.  He simply might not be able to write that check. 

Bottom line?  Even if Vick is acquitted on all charges, he could emerge from this mess with not much money left.


POSTED 8:55 p.m. EDT; UPDATED 9:00 p.m. EDT, August 12, 2007

VICK SUSPENSION COMING?

Jason Cole of Yahoo! Sports reports that a one-year suspension of Falcons quarterback Michael Vick likely will be imposed, either this week or next week.

Coles cites two unnamed sources in support of the report.  Said one of them:  "That's the direction it's going and has been from the time this started."

Said another source:  "The plan was to make sure it was announced before the season.  Given what everybody has seen from what [league] security found and what the feds are telling us, there's really no choice."

Before Vick was indicted, we'd heard from several sources that NFL security believed that Vick was involved in dog fighting, and that the NFL had a strong role in pressing the federal government to get involved, given the apparent desire of Surry County, Virginia prosecutor Gerald Poindexter to brush the whole thing under the rug (or, as the case may be, the blood- stained fighting pit carpeting).

The suspension would be imposed notwithstanding the proclamations of many talking heads (and you know who you are) that Vick can't be punished before resolution of the criminal case because this is his first official criminal charge.  But these non-lawyer journalists have never grasped the significance of the adverb "generally."  That one word makes it very easy for Commissioner Roger Goodell to explain that this isn't the "general" case, and that discipline is appropriate before the jury renders a verdict.

We agree.  Vick's current predicament isn't the result of a bad night at the club or being in the wrong place at the wrong time.  Vick is accused of being involved in a criminal enterprise that operated for multiple years, and involved among other things the cold-blooded killing of man's best friend.

This case is anything but "general."  Thus, no one should be surprised when the league treats it accordingly.


POSTED 3:10 p.m. EDT, August 10, 2005

GOODELL PONDERING VICK GAMBLING ANGLE

Though the NFL and the media haven't had much to say about the gambling aspects of Mike Vick's indictment on federal conspiracy charges, that all could be changing.

Asked whether the details of the dog-fighting operation has overshadowed the fact that it was, in essence, a gambling enterprise, Commissioner Roger Goodell told USA Today, "Not from our standpoint."

"Listen, we're sickened by the allegations and the predicament Michael put himself in," Goodell said.  "But there are a lot of things in the indictment that concern the NFL that may not be of a greater concern from a law enforcement standpoint."

The league's gambling policy is a stand-alone document, and its principles pop up in the Standard Player Contract.  Knowingly associating with gamblers or with gambling activity is enough to get a player in serious trouble, including banned for life.  Vick currently is accused of funding a dog-fighting operation in which the owners of the two canines put up an equal amount of money, and the winner took the pot.

There are also indications that Goodell's ongoing review of the situation isn't necessarily focused on whether Vick is legally guilty of the precise charges that have been made against him.  Instead, because Vick flatly denied to the Commissioner in April that any dog fighting was occurring on Vick's property, the Commissioner might have enough proof to justify imposing discipline under the conduct policy if he merely concludes that dog-fighting happened there, regardless of Vick's level of involvement.

"Now I have to compare that to the facts as best I can," Goodell said, "and try to understand, 'Is this accurate what he told me?  Is it inaccurate?'"

If the admission of guilty of Tony Taylor is to be given any credence, then Vick's words were inaccurate. 

The Commissioner isn't bound by the notions of due process; the union already has bargained away any such rights.  Thus, Goodell can conduct his own investigation, make his own determination, impose discipline, and then review the decision on appeal.

Of course, it doesn't mean that Goodell won't be fair.  We think he will.  But we also think he has enough evidence to conclude that Vick has done enough to merit a stiff punishment under the terms of the Personal Conduct Policy, which aimed to prevent players from undermining the integrity or public perception of the game of professional football.

And when Goodell imposes discipline before the legal proceedings are concluded, we wonder whether all of the members of the "real" media who presumed that the Personal Conduct Policy prevents such an outcome for first-time offenders will acknowledge their error.


POSTED 2:22 p.m. EDT; UPDATED 2:40 p.m. EDT, August 8, 2007

NFL REQUESTED DATE OF VICK ARRAIGNMENT?

A league source tells us that there is a strong belief in some NFL circles that the league office worked the back channels to request that Michael Vick's arraignment on federal conspiracy charges be scheduled for the same day on which the Falcons were due to begin training camp (or, as the case may be, spring training), so that Vick would be in default under his Falcons contract.

Though, in the end, the NFL decided to place Vick on a paid leave sort of thing, excusing him from any finding of default for now, we're told that the initial internal reaction to the news of the Vick indictment was to posture the situation so that the team would instantly be able to pursue bonus money that previously has been paid to Vick.

As we reported a couple of weeks ago, analysis of a contract similar to Vick's suggests that he would owe the team more than $28 million if he were to default before the start of the 2007 regular season.

It's unclear why the league had a change of heart in this regard.  Perhaps, in the end, the NFL decided that putting the Falcons in a position where the team would be pursuing Vick's bonus money before any substantive finding of wrongdoing, as a result of either the prosecution or an internal league investigation, was too aggressive under the circumstances.


DID SHARKS CHEW ON CHEW TOY MARKETER?

We mentioned earlier this week the Michael Vick dog chew toy that is being sold on line.  And we noted that the similarity of the chew toy's garb to the Atlanta Falcons official uniform would likely result in the delivery of a cease-and-desist letter from the NFL offices and/or outside counsel advising the folks selling the thing of the clear copyright infringement problem that it created.

As a result, there's a new chew toy in town.  And it looks nothing like the first one.

Here's the original.

Here's the new version.

But the folks who are selling the Vick dog chew toy (the price of which has gone from $7.99 to $10.99 in less than two days) have other potential legal  problems -- apart from the intrusion on Vick's name and likeness.  There's an ad on the page for an entity that most certainly isn't affiliated with the NFL, but you'd never guess that from the name of the site or the presence of the NFL shield. 

Ahhhh.  We can already hear the laser printers at the offices of Covington & Burling whirring.


POSTED 7:10 p.m. EDT, August 6, 2007

THE ONLY MIKE VICK PRODUCT MONEY CAN BUY (FOR NOW)

We've received a flood of e-mails today regarding the only product currently available in the likeness of Falcons quarterback Mike Vick.

And we predict it won't be available for long.

The product, which we're reluctant to advertise for free out of respect to our paid advertisers, is the ultimate canine revenge for the alleged activities of Mr. Vick -- a chew toy for Fido.

The only problem?  It likely infringes on rights to Vick's name and image, and possibility on NFL trademarks.  Though we can't see any NFL shields or team logos on the thing, the uniform design is unmistakably that of the Falcons, all the way down to the manner in which the stripe on the pant leg flares near the knee.

The thing can be purchased right here.  If you want it, it might be a good idea to place the order now, before Covington & Burling dispatches the cease-and-desist letter. 


POSTED 1:22 p.m. EDT, August 2, 2007

McNABB THROWS A BONE TO VICK

Eagles quarterback Donovan McNabb, who knows a thing or two about the rare occasions when one NFL player calls out a colleague, is adhering to the jockocracy code when it comes to embattled quarterback Mike Vick.

"I'm a supporter of Vick," McNabb said Tuesday.  "That's because I'm a good friend of his and also we're guys that obviously compete to win the Super Bowl.  We push each other.  Now, I don't know exactly what happened in that situation, and I think for all of us that have read over the stuff that was over the Internet, the report, you look at it as kind of like, 'Wow, you've got your so-called friends and family members turning their back on you now to make their situation better.'  They're throwing you under the bus so that they can clean their name.  That's unfortunate.  That goes to show, I always have a saying that I've always lived by:  If you can't trust family, who can you trust?  It's an unfortunate situation, and I just hope everything works out well for him where he can get back out on the field."

We've got no problem with one quarterback supporting another quarterback, but McNabb's read on the situation is in roughly the same category as the musings of Emmitt Smith and Deion Sanders.

"Wow, you've got your so-called friends and family members turning their back on you now to make their situation better," McNabb said.  "They're throwing you under the bus so that they can clear their name."

What the hell does that mean?  That Tony Taylor lied about being guilty as charged of conspiracy to violate federal gambling and dog-fighting laws just so that he could put Vick in hot water, too?  And, Donovan, how exactly does Taylor's decision to plead guilty and go to prison "clear [his] name"?

It's naive to the point of stupid, in our opinion, to think that Taylor is willingly going down merely so that he can take Mike with him.  Taylor isn't throwing Vick under the bus; he's jumping under the bus while sharing with Vick a pair of three-legged pants.

Maybe Donovan is merely plotting his exit strategy from Philly, and hoping that his words will make him the guy for whom Falcons fans clamor if/when the bus grinds Vick into the pavement.  At least if that were the case there would be a semi-plausible reason for Donovan to have joined the parade of buffoons who have offered up their takes on this situation.


POSTED 9:59 a.m. EDT, August 1, 2007

RACE A REALITY OF VICK CASE

We haven't spoken much about the racial component of the Mike Vick prosecution because, in our firm belief, the investigation and prosecution of Mike Vick has nothing to do with skin color.

But, clearly, race is a factor in the manner in which the court of public opinion has received this issue, just as it was 12 years ago when O.J. Simpson was being tried for murder.

Most recently, racial tensions reared their ugly heads when a hate-filled note was sent to the Surry County Courthouse.

We'd like to think that our society has evolved past the point of allowing superficialities like race to guide our thought processes.  But it would be naive to think that the 100 percent presumed guilt of Vick by many whites and the unconditional support of Vick by many African-Americans is unrelated to the fact that Vick is black.

But why didn't the Kobe Bryant rape prosecution stir similar feelings?  Though Bryant was accused of raping a white woman, we never got the impression that a segment of the white population was ready to stone him without a trial, or that a segment of the black population was ready to throw the alleged victim in jail for making up false accusations.

Then again, the Bryant brouhaha never struck the same chord with the public that the Vick case or the Simpson trial ever did.  Vick's case involves shocking brutality against man's best friend; Simpson's involved the slaughter of two human beings.

Many people, of various races, suspect that the intense publicity directed to the Vick case also is driven by the color of his skin, and that it wouldn't be as big of a story if the defendant were a famous white NFL quarterback. 

We don't buy it.  Not for a second.  Tom Brady's impregnation of a woman became national news.  Tony Romo's love life is regarded as a matter of actual significance (although the fact that a guy who looks like Gomer Pyle can get a date with any celebrity probably is newsworthy).  Last year, Brett Favre's  press conference about nothing drew the entire Green Bay media to Mississippi on a dreary Saturday morning.

If Brady or Romo or Favre or Manning were accused of owning property from which 54 live dogs, 17 dead dogs, and various piece of dog-fighting equipment had been removed, and any of them were later indicted by a federal grand jury for conspiracy to maintain an interstate gambling operation and to engage in interstate dog fighting, it would be every bit the story that the Vick case is.  We are  absolutely certain of it.

With all that said, there's no escaping the fact that race is a factor in the public's perception of the Vick case.  Our only hope is that race won't be a factor in the courtroom, and that it won't be a factor (consciously or otherwise) in the jury room.


POSTED 4:02 p.m. EDT; UPDATED 4:26 p.m. EDT, July 30, 2007

TAYLOR PLEA DEAL DONE IN ADVANCE?

We outline below the practical effect of Tony Taylor's guilty plea on federal conspiracy charges in the Mike Vick dog-fighting and gambling prosecution.  Because, as we explained, Taylor pleaded guilty as charged to all charges, there was and is no "plea bargain," since the term implies that the guy will plead guilty to some lesser offense.

But given the news from July 26 that a "superseding indictment" is coming, we wonder whether a plea deal with Taylor was brokered in advance.

Here's how it could have gone down. 

Aware that he is a target of the investigation, Taylor would have had his lawyer contact the feds about a possible deal.  Since the law permits individuals to be charged both with conspiracy to commit a crime and with the actual commission of the crime, the feds decided to use a two-step process, indicting all four of the defendants in the first wave, and allowing Taylor to plead guilty to the initial charges.

Buoyed by Taylor's signed "summary of facts," the feds can now issue a new indictment not only for conspiracy, but also for the underlying crimes.  Based on our research, this would add another potential 21 years in jail time to the equation for the remaining defendants.

If Taylor is omitted from any new charges, then the deal apparently was that he'd plead guilty to conspiracy charges and not face responsibility for the stiffer potential penalties.

Of course, maybe each of the four defendants were given the opportunity to do this. 

And maybe two of them still will.


POSTED 3:49 p.m. EDT, July 30, 2007

TAYLOR PLEA BAD NEWZ FOR VICK

We've finally had a chance to read the paperwork filed on Monday in connection with the Mike Vick dog-fighting prosecution, and the 13-page "summary of the facts" contains no significant new information, with the exception of a statement at paragraph 4 of the document that the BadNewz Kennels operation and gambling monies were funded "almost exclusively" by Vick.

Though that assertion from Tony Taylor should surprise no one, since the other three guys don't play, you know, pro football, it's the first time that this statement has been articulated in connection with the prosecution's case.

As a procedural matter, this new document differs from the original indictment because one of the members of the alleged conspiracy is now admitting that the conspiracy existed, and is acknowledging as true most if not all of the indictment's allegations through and until his departure from the operation in September 2004.

Contrary to popular belief, the document reflects no plea bargain of any kind.  Instead, Taylor is saying, "I did it; I'm guilty."

And the only potential benefit he'll receive is the same benefit that the others would receive by accepting responsibility now for their alleged misdeeds.  Under the federal sentencing guidelines (which are no longer mandatory but which are routinely followed), 'fessing up to the crime early can result in a lesser sentence.

Though Taylor likewise has no deal to "cooperate" with the government in the prosecution against Vick and the other two defendants, there's nothing more for Taylor to do.  By signing the "summary of facts," he has provided prosecutors with a road map for his direct examination when he is called to testify at trial.  

So what does it all mean to Vick?  In order to secure a "not guilty" verdict, Vick will now have to persuade a jury that Taylor's agreement with all of the charges made against him was and is a bald-faced lie.

Good luck with that.

Though we're reluctant to compare this case to the O.J. Simpson prosecution (but will nevertheless do so), assume that Simpson's pal Al Cowlings had been arrested for participating in the murders, and had immediately pleaded guilty as charged, to all charges, acknowledging in writing and later under oath that he and Simpson killed the two victims. 

As we see it, Simpson's chances of skating under those circumstances are roughly the same as Vick's now.


POSTED 12:35 p.m. EDT, July 30, 2007

VICK REALIZES THAT RETURN TO FALCONS IS UNCERTAIN

Although it was teased as an interview that would be played at 12:30 p.m., V-103 in Atlanta rolled the thing early.

As expected, the ground rules were that no legal questions could be asked.  But Vick was asked whether he thinks he'll play again for the Atlanta Falcons.

"Hopefully, so," Vick said.  "Under the right circumstances, it can work."

Vick indicated a desire to continue to play for the Falcons.  If/when the team imposes discipline on him, his feelings potentially could change.


POSTED 12:04 p.m. EDT; UPDATED 12:12 p.m. EDT, July 30, 2007

VICK TO SPEAK ON AIR

Falcons quarterback Mike Vick is scheduled to speak on the air with Atlanta radio station V-103.  The interview, which based on the fact that short sound bites are being played as teasers, apparently was taped and will be played at 12:30 p.m. EDT.

The link to listen live is right here.  (We'll probably regret posting that, because the server is sure to be flooded now.)

Our guess is that one of the stipulations was that Vick won't be asked any substantive questions, and that there won't be anything all that interesting said.

If this is the first step in the Mike Vick public relations campaign, it's getting started a little late.


POSTED 9:26 a.m. EDT, July 30, 2007

OTHER NFL DOG FIGHTERS FACING BLACKMAIL?

A reader has raised with us a great point about the latest twist in the Mike Vick dog fighting scandal. 

With Tony Taylor expected to enter on Monday morning in Virginia a guilty plea on federal conspiracy charges, which presumably will entail testimony against the other three co-defendants (including Vick), do other dog fighters who currently collect NFL paychecks now face private blackmail threats from folks who have been at dog fights with them, and who might be inclined to blow the whistle to the police, the league, and/or the media?

The problem is that folks who would spend time watching dogs tear each other apart for amusement aren't necessarily the most reputable members of society, and could be inclined to pursue the quick cash hit that could come from telling an NFL player that, absent a generous contribution to the Human Fund, his involvement in this "hobby" will be revealed.

Our guess is that it's already happening -- and it's all the more reason for NFL players who have in the past shown their "passion" for dog fighting to find something else to pass the time when they aren't practicing or playing football.

Of course, if any of the folks who attend dog fights and then try to extort money from an NFL player were to go public, who would believe them?  Guys like Tony Taylor have built-in credibility problems by virtue of the things that they have done, and it makes any of their claims instantly suspect.

Surely, that's the approach that lawyer Billy Martin will take in defending Vick in court.  By relentlessly attacking the truth-telling capacity of the four unnamed (for now) cooperating witnesses and Taylor, Martin will hope to create sufficient reasonable doubt in the minds of the jurors.

The other side of the coin is that these are the very people with whom Mike Vick chose to associate.  Absent a clear motive for each of these five people to tell lies under oath about him, or other evidence that shows that these witnesses were incorrect in any conclusions that they reached about Vick's involvement, the notion that the word of five different people should be rejected (especially if Vick opts not to testify) is bit of a stretch.


POSTED 11:20 p.m. EDT, July 29, 2007

TWO HUNDRED ATTEND PRO-VICK RALLY

Further illustrating the awkward Wallenda routine that the NFL and the Falcons must perform while dealing with the Mike Vick mess, a crowd of roughly 200 Vick supporters rallied outside the Georgia Dome on Sunday.

The reality is that, in Atlanta, the pro-Vick crowd and the anti-Vick crowd is still in the ballpark of 50-50.  Thus, the team can't go too far in smacking him around, but also can't be perceived as sitting on its hands, thumbs pointing north.

And that's why Vick isn't technically on suspension, even as his name when attached to a No. 7 jersey is now regarded as the eighth word that can't be said on television.   

It's really sort of ridiculous, but this odd state of non-discipline discipline will continue, at least for now.


POSTED 11:42 a.m. EDT, July 29, 2007

NFL SLAMS DOOR ON DEION'S COLUMN

The folks at the Fort Myers News-Press were more than willing to publish columns from Deion Sanders regarding the current controversy engulfing Falcons (for now) quarterback Mike Vick, regardless of how misguided Deion's message might have been.

But Deion's other employer isn't.

The News-Press discloses in its Sunday edition that the NFL has refused to allow the newspaper to print Deion's response to the storm of criticism that was prompted by his column from a week ago, in which Deion cobbled together a misguided defense of Vick, and at the same time explained Deion's belief that Vick has a "passion" for dog fighting, and that many other NFL players do as well.

Writes Ed Reed of the News-Press:

"Understandably, the NFL did not like that one of the faces of its network was being portrayed as a Vick apologist.  [Editor's note:  Reed apparently hasn't seen much of Jamie Dukes' commentary on the matter.]  Deion sent a column responding to the criticism to The News-Press and the NFL Network on Friday morning.

"That night, I received an e-mail from Thomas George, the NFL Network managing editor, which read: 'This column and subsequent variations of it [are] not approved by NFL Network.  It cannot run.'

"It's unfortunate because Deion really wanted you to see it.  It was his best work since he started writing his column in January."

We wonder whether the News-Press got approval from the NFL to wave this dirty laundry around in public.  Frankly, we have a feeling that the league won't appreciate the decision of this Gannett publication to expose the league's sensitivity to these issues, and that Deion's decision to continue writing any columns for the News-Press could jeopardize his continued employment with the NFL.

And if Deion is so anxious to tell his side of the story, why not do an interview with ESPN or NFLN or any other media company (including, you know, this one)?  The NFL might be able to prevent him from providing written content to the News-Press, but surely the NFL can't put a muzzle on Deion's mouth.

To a limited extent, Deion has shared some additional views with the News-Press on the matter:  "The NFL is like a fraternity," Sanders told the News-Press.  "The real issue to me is, I think anybody, if someone in their family has done wrong or is doing wrong or made a bad, terrible decision, do we stone them or do we pray for them?  I definitely, absoluetly [sic] do not condone anything, but I am praying for him."

Deion, if that's the "real" issue, then why didn't you say that in your first column on the subject?  Instead, you offered up flimsy logic to justify Vick's actions and startling admissions about the conduct of Vick and others, with a stunning degree of nonchalance.

Meanwhile, when will the NFL insist that Deion name the names of the NFL players who have a "passion" for dog fighting?  This is bigger, we think, than the question of whether the NFL should, could, or would bump Bryant Gumbel out of the broadcast booth based on his blatant bashing of the NFL Players Association; this issue focuses on whether the NFL will require any and all of its employees with knowledge of the extent to which dog fighting has infiltrated the league to assist in the investigation.

And though we do what we do in part because we have a "passion" for the NFL, the league should be criticized heavily if it does not demand that Deion tell everything that he knows.

Any other employer who takes a workplace problem seriously would require this.  The NFL should be no different.


POSTED 11:08 p.m. EDT, July 28, 2007

HALL OF FAMER CALLS OUT VICK

Former NFL quarterback Jim Kelly, a member of the Pro Football Hall of Fame, has spoken out about Falcons quarterback Mike Vick and his current legal entanglement.

Kelly, like Vick, owns a home in Surry County, Virginia.  Kelly, like Vick, doesn't live at the property.  But Kelly doesn't buy the notion that Vick wasn't aware of the activities occurring on his land.

"I know what goes on at my house, even though I'm not there," Kelly told the Dunkirk (N.Y.) Observer.  "I'd have to call 'BS' on that one.

"If he didn't know what was going on at his home," Kelly said, "the way I look at it, he's lying."

Though Kelly's words clearly constitute opinion, he's the first current or former NFL player to violate the unspoken oath of the jockocracy, which requires the members of the pro football fraternity to stick together.

But Kelly's candor isn't surprising.  Kelly and his brother, Dan, were once poised to serve as Vick's marketing representatives, when Andrew Joel was Vick's football agent.  Vick later dumped Joel and the Kellys and signed with Octagon, and Joel sued the firm for $41 million.

Though we can't find a link to this specific twist in the story, we vaguely recall reading or hearing that Kelly tried to get Vick to watch film with him back in 2001, but that Vick either didn't want to do it, or didn't pay much attention.

Bottom line -- Kelly isn't exactly an unbiased and neutral figure in all of this.  Still, the fact that he's the first current or former NFL player to say something negative publicly about Vick is noteworthy, and it makes us wonder whether anyone else will join in.


POSTED 12:47 p.m. EDT, July 28, 2007

VICK NOW THE VICTIM OF A DOUBLE STANDARD?

In the wake of the news that Mike Vick had been indicted by a federal grand jury, we argued that he was benefiting from a double standard.  Lesser players would have been abruptly cut if charged with the same crimes.  But because Vick is (was) a superstar, he wasn't shown the door.

But it now appears that the NFL is going the other way, barring the sale of Mike Vick jersey even though Vick has not been disciplined in any way by the league or by the Falcons.

In fact, fans can't even buy from NFLShop.com a personalized No. 7 Falcons jersey with "Vick" on the name plate.

Meanwhile, the following jerseys can still be personalized and purchased:  Titans No. 32, Jones; Bengals No. 15, Henry; Dolphins No. 34, Williams; Bills No. 32, Simpson; Panthers no. 83, Carruth.

Strangely, the only other player currently in hot water with the NFL whose jersey can't be purchased is Bengals No. 51, Thurman.  But at least Thurman is on a suspension.  Vick isn't.

In fact, when paired with the No. 7 on any team jersey, the name "Vick" is now regarded as the equivalent of another four-letter word that ends in "c" and "k".

It makes no sense to us.  Vick hasn't been disciplined, but he has been exiled.  Suddenly, he's the NFL's version of He-Who-Must-Not-Be-Named. 

But, curiously, that specific jersey is still available to be personalized and purchased.

This strange twist in the Vick saga is further proof that the league and the Falcons are trying desperately (and at times clumsily) to strike the delicate balance between appeasing the anti-Vick crowd and placating the pro-Vick faithful.

We think that the NFL can't have it both ways.  If "Vick" is now a dirty word for the purposes of personalized jerseys, his status should be something other than a paid leave of absence from training camp.


NEWS-PRESS REVELING IN DEION CONTROVERSY

The newspaper business, for some publications, is more about getting people to read than it is to get people to respect what they're reading.  For the Fort Myers News-Press, the brouhaha sparked by the asinine column of former NFL player Deion Sanders regarding the Mike Vick situation has undoubtedly been great for business this week.

Our guess is that the web site of this little-known daily has had its biggest traffic numbers ever, the commencement of which likely coincided with the posting of our item on July 25 (three days after the column was published) regarding the twisted, infantile logic that Sanders applies to the Vick case.

It's no coincidence, folks, that Deion's comments were quoted on ESPN the next day.  Though it's still hard for us to get our arms around this reality, virtually everyone in the NFL print and broadcast journalism business reads this site on a regular basis, and thanks to the fact that a reader pointed out to us Sanders' piece in that slapd-ck South Florida rag, we were able to shine a light on it here.  And then the big boys were able to run with it.

Though we're reluctant to send more traffic to the web site of a newspaper that would go with such an irresponsible op-ed piece, a quick perusal of the sports page makes it clear that the powers-that-be at the News-Press welcome the controversy, and the criticism that goes along with it.

The letters to the editor generated by the Deion rant are unanimously negative.  The newspaper's online forum is busting at the seams with thoughts on the matter.  And the News-Press revels in the fact that Sanders' disturbing words drew national attention on ESPN.

The fact that the News-Press has not in any way repudiated Deion's comments tells us that the newspaper necessarily endorses them.  Not because they (or anyone with reasonable sense or intelligence) agrees with him, but because management knows that controversy creates cash.

If folks want to speak out about this, we suggest going a step higher.  The News-Press is owned by Gannett, which also publishes USA Today.  You can let the folks at Gannet know what you think about the decisions of the News-Press brass right here.


POSTED 11:55 p.m. EDT, July 27, 2007

TAYLOR FLIPPING ON VICK?

The Associated Press reports that one of Mike Vick's co-defendants is entering into a plea agreement.

Translation -- Mike is scuh-rewed.

A hearing on a proposed agreement involving Tony Taylor is set for Monday. 

Taylor, Vick, and two others were named in the 18-page indictment.  Four cooperating witnesses already have been cited in the official charges.  If Taylor is entering into an agreement pursuant to which he will fully and completely cooperate with the case against the remaining defendants, there will be (duh) five voices pointing a finger at Vick.

Vick's lawyer, Billy Martin, is expected to challenge the charges against Vick by attacking aggressively the credibility of any and all witnesses testifying against him.  But if these are people with whom Vick opted to associate for much of his life, how credible can any attempt to paint all of them as liars really be?


POSTED 5:55 p.m. EDT, July 27, 2007

NIKE SUSPENDS MIKE

On the same day that Reebok announced that it will no longer make Mike Vick jerseys and the NFL announced that its on-line boutique will no longer sell Mike Vick products, Mike Vick's lone remaining sponsor has taken a big step toward severing ties with him.

"Nike has suspended Michael Vick's contract without pay, and will not sell any more Michael Vick product at Nike-owned retail at this time," the company said in a statement.  "As we've said before, Nike is concerned by the serious and highly disturbing allegations made against Michael Vick and we consider any cruelty to animals inhumane and abhorrent.  However, we do believe that Michael Vick should be afforded the same due process as any citizen in the United States, therefore, we have not terminated our relationship." 

Setting aside for now the question of whether Vick's contract with Nike even contemplates a suspension without pay (we doubt that it does), we think that Nike's move is the latest symptom of the nationwide epidemic of Duke lacrosse paralysis.

Folks, "innocent until proven guilty" is a Constitutional right aimed at ensuring that only the guilty go to jail.  It has no application to the question of whether, for example, an athlete will retain the right to earn millions of dollars from a company that must foster and maintain a strong and positive public image. 

The time for half-measures is over.  Vick knowingly associated for years with criminals.  He must face the economic consequences of his poor judgment, regardless of whether he ever goes to jail.

And it's time for the NFL, the Falcons, and Nike to take a position of leadership on this issue.  Regardless of whether he is acquitted or convicted, Vick has engaged in, at a minimum, reckless conduct that is highly detrimental to the interests of everyone who has given him money over the years.  If that is the test for determining whether he will continue to be employed in an industry that relies upon millions of members of the general public to devote their time, money, and attention to grown men playing a child's game, then he already should have been fired.


POSTED 4:16 p.m. EDT; LAST UPDATED 4:49 p.m. EDT, July 27, 2007

NFL NEEDS A FULL-BLOWN DOG-FIGHTING INVESTIGATION

As the NFL struggles to respond to the jarring allegations made last week against Falcons quarterback Mike Vick, we believe that the league should ponder the issue of dog fighting among its employees more broadly.

Before someone else does.

We believe that it is in the best interests of the NFL to make a strong statement -- soon -- about the evils of dog fighting and about the league's commitment to identifying any and all players who are fans of this "sport," and to deal with them swiftly and harshly.  We say this because we detect a sense of inevitability that, in time, more and more names will be named.  And, sooner or later, the PETA crowd won't only be picketing Mike and Nike, but will launch a full-scale assault against a league that has been (and still might be) asleep at the switch regarding the prevalence of players who spend some of their free time watching and/or engaging in dog fighting.

Already, there is ample evidence to suggest that multiple current and former players are or have been involved in this illegal activity.

For example, when former Bears defensive tackle Tank Johnson's home was raided last year on weapons violations, "Johnson had six pit bulls locked in cages in his back yard, and neighbors said police were called several times on animal cruelty issues."

Why would tank have that many pit bulls on his property?  To keep his guns company? 

On Friday, former NFL player Steve DeOssie described on WEEI radio in Boston (as we've been told by several readers) that he attended a dog-fighting event during his playing days with Nate Newton and other teammates.  Newton was once arrested at a dog fight.

Also, former NFL running back LeShon Johnson pleaded guilty to dog-fighting charges (amazingly, he did not serve time), and an item on the the Humane Society's web site indicates that former NFL running back Tyrone Wheatley once bragged about selling dogs for fighting.

Then there's this gem from Deion Sanders' asinine op-ed in the Fort Myers News-Press, in which he seems to indicate that he knows plenty of NFL players who are involved in dog fighting:  "I believe Vick had a passion for dogfighting.  I know many athletes who share his passion.  The allure is the intensity and the challenge of a dog fighting to the death.  It’s like ultimate fighting, but the dog doesn't tap out when he knows he can't win."

So what will the NFL do about this mounting evidence that Vick isn't the only guy with a shield on his shirt who has a "passion" for engaging in dog fighting?  Ignoring it isn't an option.  The league has at its disposal a security force made up of former law-enforcement types who should be able to get to the bottom of this situation, quickly.

Frankly, if NFL Security had been doing a better job of keeping an eye out for this kind of stuff over the past decade, the league might not presently be dealing with the unprecedented embarrassment arising from the Vick prosecution, and the looming fallout from the eventual (we predict) revelation that Vick was hardly alone in his perversion.

UPDATE:  We'd forgotten about the incident involving Joey Porter's two dogs, which tried to eat a horse.  If anyone out there is aware of any other incidents involving NFL players and their canines, please let us know.


POSTED 1:47 p.m. EDT, July 27, 2007

REEBOK PULLS PLUG ON VICK, TOO

Earlier on Friday, Darren Rovell of CNBC reported that the NFL has suspended all sales of Michael Vick jerseys from the league's official online merchandising portal.

The move turned out to be unnecessary, because the manufacturer of the jerseys apparently will stop making them.

A source with knowledge of the situation tell us that Reebok has suspended all sale of Michael Vick jerseys.  Since Reebok is the official apparel supplier of the NFL, this means that there's no way to get a Mike Vick jersey.

"Although Reebok does not have an individual endorsement or marketing relationship with Michael Vick," Reebok spokesperson Denise Kaigler says in a statement that might not yet have actually  been released, "we are the official supplier of apparel and equipment to all 32 NFL teams and the league’s 1,800 active players.  While we respect the legal process we find the allegations against Mr. Vick too disturbing to ignore, therefore, we have decided to immediately suspend selling Vick NFL product, both at retail and on-line through the Reebok website.  In addition, Reebok has honored retail cancellations of Vick NFL jerseys."

It still remains to be seen whether Reebok will make Falcons jerseys bearing No. 7 for personalization.  As mentioned below, we think it would be wise for the NFL to block all such jerseys.  


POSTED 1:00 p.m. EDT; UPDATED 1:08 p.m. EDT, July 27, 2007

NFL STOPS ALL SALES OF VICK STUFF

The NFL not only has suspended (sort of) Falcons quarterback Mike Vick, but also has suspended (truly) the sale of all Vick-related merchandise.

Darren Rovell of CNBC reports that he noticed the absence of Vick merchandise during a visit to NFLShop.com.  Rovell contacted the league for more information.

"We have suspended sales of Vick-related merchandise on our official league e-commerce site, NFLShop.com," NFL spokesman Brian McCarthy told Rovell.  "This includes Vick jerseys and collectible items such as autographed balls and other memorabilia."

McCarthy explained to Rovell that the sale of such merchandise was "not appropriate under the circumstances." 

Although Rovell notes that Vick still has plenty of fans, we think the problem is that people would soon be buying Vick jerseys with the aim of using them as props to display their displeasure with him.  And possibility videotaping such displays for publication on the Intergoogle. 

We also think that the league should suspend the sale of any personalized Falcons jersey bearing the number 7, given the infinite number of potential "names" that would have to be screened -- including obvious ones like "Ookie" and "Convick" and "Woof Woof" and "Guilty" and other possibilities like "Lassie" and "Benji" and "Fido" and "Bingo" and "Poindexter" and "Pasquarelli."

Oh crap we need to make an order before they pull the plug.


POSTED 6:29 p.m. EDT, July 26, 2007

BREAKING DOWN THE VICK "STATEMENT"

PFT Planet has spoken regarding the "statement" of Mike Vick read by lawyer Billy Martin after Thursday's court appearance.

The consensus?  Vick's maximum contribution to the statement was the attachment of his name to it.

Many are pointing to the fact that the statement refers to "spring training" and not to "training camp."  (Hey, the lawyer's name is "Billy Martin.")

Also noteworthy was the absence of any apology to the NFL, the Falcons organization, or the fans.  Instead, Vick apologized only to his family and the his teammates.  Shouldn't the guy who has paid him a bunch of money over the past few years have gotten a public "my bad", too?

Finally, several readers noticed that the statement contained only a general declaration of innocence, with no specific denial of involvement in dog fighting, presence at dog fights, or knowledge of dog fighting.  At a minimum, shouldn't the statement written for Vick have included something like, "I love dogs.  Using dogs for fighting is wrong, and I would never be associated with anything like that."

Instead, we get the impression that Martin's only goal is to create reasonable doubt in the minds of one or more jurors, and not to truly exonerate his client.  Perhaps Martin knows that exoneration is impossible, and that his only realistic goal is to avoid a conviction in a court of law.  Absent, however, clear evidence that Vick is truly innocent, his conviction in the court of public opinion will never be reversed.


POSTED 4:13 p.m. EDT, July 26, 2007

VICK SPEAKS, THROUGH HIS LAWYER

Attorney Billy Martin made a public statement after Thursday's court hearings involving Falcons quarterback Mike Vick.

Martin declared, "We intend to prove Mike's innocence at trial."

Martin also read a prepared statement from Vick:  "Today in court I pleaded innocent to the allegations made against me.  I take the charges very seriously, and I look forward to clearing my good name.  I respectfully ask all of you to hold your judgment until all of the facts are shown.  Above all, I'd like to say to my mom I'm sorry for what she has had to go through in this most trying of times.  It has caused pain to my family and I apologize to my family.  I also want to apologize to my Falcons teammates for not being with them at the beginning of spring [sic] training."

After reading Vick's statement, Martin introduced the rest of the trial team, and said,  "This is going to be a hard-fought trial."

The trial is due to begin on November 26 at 9:30 a.m.


POSTED 4:05 p.m. EDT, July 26, 2007

MORE CHARGES COMING NEXT MONTH?

The most significant development from Thursday's court appearance by Mike Vick is that new charges could be filed against Vick in August, via a "superseding indictment," which will be submitted in August.

As Roger Cossack notes, a new indictment will trigger a new arraignment, which likewise could mean a new trial date.

Cossack points out that the "superseding indictment" could mean that new charges will be filed, or that one or more defendants will be added, or that one or more defendants will be dropped.  Cossack points out that it could be that one or more of the co-defendants are working out a plea deal, which would result in their removal from the indictment.


POSTED 3:00 p.m. EDT, July 26, 2007 and UPDATED OFTEN

VICK IS IN COURT

Moments ago, Mike Vick arrived in a Richmond courthouse to face his arraignment on federal conspiracy charges.

We're monitoring the action on ESPN and NFLN, and will break out into a live blog thing as events unfold today.

Jeremy Schaap is anchoring the ESPN coverage at the 3:00 p.m. hour.  Amazingly, he characterized the charges against Vick without mentioning gambling.

Folks, we've got a feeling that the NFL is petrified about the gambling angle here.

Kelly Naqi says that there are anti-Vick and pro-Vick folks at the courthouse, and that bomb-sniffing dogs went through earlier.   

Lester Munson predicts that Tony Taylor could be the first of the four defendants to plead guilty and turn on Vick, because Taylor apparently was out of the scheme by 2007, and because of evidence that Taylor believes Vick has betrayed him.

Munson apparently doesn't realize, however, the the federal sentencing guidelines are no longer mandatory.  Munson guesses that Vick would do one or two years in jail if convicted.

Len Pasquarelli is in a parking lot in Atlanta.  There are folks behind him with signs.  We can't tell whether any of them say "move or on move out."

Len says that the Falcons weren't a playoff team with Michael Vick.  Translation -- if they suck without him G.M. Rich McKay shouldn't be blamed for Vick not being there.

Isn't Floyd Reese the last guy to be commenting on a turd on someone's roster?  Then again, maybe on that point Reese really is an expert.

ESPN switched coverage to ESPN2 at 3:30.

Mort says that the Falcons discussed signing Daunte Culpepper but decided against it.  Apparently, Culpepper wants a one-year deal only.

Tom Jackson raises a great point -- if the NFL suspends Vick, will it poison the jury pool?

Floyd Reese acknowledges that he drafted Pacman.  It might have something to do with why Reese is on ESPN right now.

Merrill Hoge says that the Commish "is just, but he is fair."  (Um, Merrill, the two words are synonymous.)

Wingo says that the first of two Vick hearings have ended.

ESPN played video and audio of Vick's earlier entry into court.  He was being booed pretty hard by some of the spectators.  Amazingly, he flipped none of them off.

ESPN graphic omits any reference to the gambling enterprise.

Roger Cossack calls the first hearing "dramatic."  They read the charge -- Cossack again omits the "G" word.  He is either stupid or he has been told by the powers-that-be not to mention gambling.

The prosecution did not request detention, which means that there will be bail.

The magistrate judge commented on the fact that the case has stirred significant passions.

Vick is not required to wear an electronic ankle bracelet or undergo drug testing, but Vick is required to surrender any breeding or kennel license that he possesses.  Some of the other defendants are required to undergo drug testing and/or to wear an ankle bracelet.

Cossack finally mentions gambling.

Vick is also prohibited from travel without permission.  Cossack suggests that Vick would get permission.  (Tank Johnson got permission to go to Miami for the Super Bowl.)

NFLN reports that Vick pleaded not guilty.

The Vick trial will begin on November 26, per ESPN and NFLN.  (It's the Monday after Thanksgiving.)

NFLN says that Vick sat in the court "expressionless" but listened to the judge.  He at one point glanced over to the collected media.

Peace and Phillips have to wear a monitoring bracelet, and Taylor will have to submit to drug testing.

Three lawyers surrounded Vick at the podium when he pleaded "not guilty."  (He did not say "100 percent not guilty.")

NFLN reports that there might be more charges in August.

Vick has left the courtroom.


RAY TALKS ABOUT VICK

For reasons unknown or apparent to us, former Falcons cornerback Ray Buchanan was on ESPN on Thursday talking about the pending allegations against Mike Vick.

During the interview, Trey Wingo asked Buchanan if, during his time on the same team as Vick, he heard him ever talk about dogs or dog fighting.

Buchanan said that he heard Vick talk about dogs, not dog fighting.  And Buchanan added that, when he once made to Mike's house, "I saw all cats, I didn't see any dogs . . . so I was a little buffooned by that."  (No, Ray, you're a lot buffooned.)

But Wingo didn't confront Buchanan about the apparently forgotten he-said, he-said between Buchanan and Chris Landry regarding Landry's contention that Buchanan was saying over the weekend of the draft that Vick had been involved in dog fighting.

"He tells me that Michael has been into this dog fighting for so long that . . . he not only knew about, he is behind all of it, he's paying for all of it. . . .  Apparently, he's into it big time," Landry told Steve Duemig of WDAE in Tampa in May.

Buchanan denied saying what Landry said he said, but Ray's denial in an appearance on NFL Network was disappointing.

Even more disappointing is that ESPN had a chance to press Buchanan about the matter on Thursday, but chose not to.


POSTED 12:59 p.m. EDT, July 26, 2007

THURMAN, VICK SITUATION IS LIKE APPLES AND, UM, MILK BONES

We've received plenty of e-mails in the wake of the announcement that the petition for reinstatement of Bengals linebacker Odell Thurman has been denied.  More than a few of the loyal members of PFT Planet believe that, if Thurman can already be out of commission for the 2007 season, then Falcons quarterback Mike Vick also should be sent packing for the year, too.

The basic reality is that Thurman had been previously banished under the league's substance abuse policy.  Banishment is the final step after multiple positive urine tests and/or other activities that violate the policy.

In order to be reinstated after a minimum banishment of one-year, the player must be in full compliance with all aspects of his treatment plan, and he likewise must submit to and pass any and all random urine tests imposed upon him.  Even if the player complies with the treatment plan and passes all tests, reinstatement is not automatic. 

At this point, we simply don't know whether or to what extent Thurman complied with his treatment plan, passed or failed any urine tests, or otherwise said or did anything that would have prompted the NFL not to agree to allow him to return.  Since the procedure is ordinarily cloaked in secrecy, we might never know precisely why he wasn't allowed to return.

Though the extension of the banishment has been characterized as an additional one-year suspension, we think the more accurate description is that the application for reinstatement has been denied, and that Thurman may re-apply for reinstatement in six months.  Since, as a practical matter, the NFL season will be over in six months, the denial of the reinstatement operates as a full-year suspension, even though it technically isn't.

In Vick's case, substance abuse is not an issue at all.  If/when he is suspended, it will happen under the Personal Conduct Policy or, possibly, under the Gambling Policy.  So the notion that the Commish is being unfairly hard on Thurman is misplaced.  Thurman's is currently at a stage in his career where multiple violations of the substance abuse policy, along with a failure to persuade the Commissioner to reinstate him, have resulted in his continued banishment from the league; Vick has yet to be found to be in violation of any policies at all.  If/when that happens, Vick likely will be punished significantly.


POSTED 11:49 a.m. EDT, July 26, 2007

PETA WILL PROTEST AT NIKE STORES by Michael David Smith

Although Nike has removed Michael Vick merchandise from its web site, the company has not severed ties with the indicted Falcons quarterback. That means the company hasn't gone far enough for some animal advocates, and unless Nike dumps Vick, animal-rights groups will picket Nike stores next week.

People for the Ethical Treatment for animals is planning a "week of action" in which members will protest in front of Niketown stores across the country.

"We want to send a message to Nike that they should drop all ties with Michael Vick based on the facts that are already lined up at this point," PETA spokesman Dan Shannon tells the Los Angeles Times. "There's the fact that 66 dogs were retrieved from his property, truckloads of dogfighting paraphernalia were taken away, and dogs' bodies were dug up…. We feel there's enough evidence for Nike to end their relationship with him."

Nike's response is that the allegations are "serious and highly disturbing" but that "Vick should be afforded the same due process as any citizen; therefore, we have not terminated our relationship."

But while it sounds good to rally around "due process," it conflates two separate issues. The issue of whether federal prosecutors can prove Vick's guilt beyond a reasonable doubt is a totally separate question from whether Vick is entitled to a sponsorship deal with Nike.

Ultimately, Nike's decision on Vick will come down to whether they think they're making or losing money on him. If customers decide they don't feel like walking through PETA's picket lines, that could tip the balance.


POSTED 8:58 a.m. EDT, July 26, 2007

MOST IN ATLANTA AREA WANT VICK BANNED IF CONVICTED  by Michael David Smith

Fans can be incredibly forgiving of their hometown sports heroes. Barry Bonds still gets cheered in San Francisco; Pete Rose still gets cheered in Cincinnati.

But a poll in the Atlanta Journal-Constitution indicates that a majority of people in the Atlanta area want Michael Vick banned from the NFL if he's convicted of charges related to dog fighting. 

Respondents were asked, "If Vick is found guilty of dog fighting, do you feel he should or should not be banned from playing in the National Football League?" Almost two-thirds -- 65 percent -- said he should, while 22 percent said he should not and 13 percent said they weren't sure.

Although some of Vick's apologists in the media have suggested that he's being targeted because he's a celebrity, few people in the Atlanta area buy that. Only 12 percent of those polled think Vick is being treated worse than an average citizen, while 30  percent of those familiar with the allegations think he's being treated better than an average citizen. A plurality, 45 percent, think law enforcement is treating Vick the same as anyone else.

The telephone poll of 622 people was conducted for the Journal-Constitution July 23 and 24 by Mason-Dixon Polling & Research, Inc. The margin of error is plus or minus 4 percent. The paper did not break down the results to show whether there are differences of opinion along racial lines or between Falcons fans and non-fans.


POSTED 12:05 a.m. EDT; UPDATED 12:22 a.m. EDT, July 25, 2007

ARIZONA AFTER VICK, TOO?

Already facing federal conspiracy charges in Virginia and the possibility of an indictment in Surry County of that same Commonwealth, there are now indications that Mike Vick could be under scrutiny in Arizona and New Jersey.

Though talk of a New Jersey investigation has all the indications at this point of mere political posturing, Vick has been identified as a "person of interest" in connection with a pending investigation in Maricopa County, Arizona.

"He is a person of interest as far as my office is concerned," said Sheriff Joe Arpaio.  "I'm not talking about a case.  I'm talking about a person of interest regarding pit bull fighting."

Whether that interest evolves into a case remains to be seen.  But, for now, it's yet another potential situation about which Vick and his advisers need to be concerned as he prepares to enter a plea on the pending federal charges.


POSTED 10:40 p.m. EDT; UPDATED 11:08 p.m. EDT, July 25, 2007

VICK ARRAIGNMENT WILL BE ON THURSDAY

Several readers have asked us to explain the purpose of Thursday's court appearance by Michael Vick in Richmond.  Since doing so costs us no money, we are happy to comply.

On Thursday, Vick will be arraigned before Judge Henry E. Hudson.  As anyone who has ever seen My Cousin Vinny will explain, the options are simple.  Vick's lawyer, Billy Martin, will say either "guilty" or "not guilty."

Technically, Rule 10 of the Federal Rules of Criminal Procedure also authorizes Martin to enter a plea of no contest.

It is also likely that Judge Hudson will set a trial date after the plea is entered.  In the so-called "Rocket Docket," the trial could be set to start within 70 days.

A separate consideration for Vick is whether he wants a trial before a jury or before a judge.  Though it has been suggested by some that Vick might prefer a so-called "bench" trial because the judge is less likely to be emotionally influenced by sordid details of strangled and electrocuted and body-slammed canines, the fact that Judge Hudson is a former prosecutor appointed by a Republican president with a reputation for stiff sentences suggests that his definition of "reasonable doubt" might be different than the standard applied by a juror.

Vick's best best is to rely upon a jury of 12 non-lawyers, in the hopes that at least one out of 12 of them will accept Vick's defense and refuse to vote for a conviction, triggering at worse a hung jury.  Or, possibly, the dissenting juror could forge a compromise verdict in which, for example, Vick is found guilty of conspiracy as to dog fighting (which carries a maximum sentence of one year) and not guilty of conspiracy as to the gambling enterprise (which carries a maximum sentence of five years).

So, in short, it would be very unwise to opt for a bench trial.


WHY IS NO ONE TALKING ABOUT THE GAMBLING?

One thing we've noticed in the eight days since Mike Vick was indicted is that hardly anyone is discussing the fact that Vick is charged with conspiracy not only to engage in interstate dog fighting, but also with conspiracy to maintain an interstate gambling enterprise.

So why is no one talking about the gambling aspect of this?   

If Mike Vick gets a rush out of betting $10,000 on one of his dogs to rip someone else's dog to shreds, would he not also get a thrill out of betting $10,000 on himself to beat the 49ers by more than six points?

And would a revelation that Vick's erratic performances over the years, with one "up" week often followed by one "down" week, might be the result of an extension of his gambling habit not be an even bigger threat to the overall image of the league than proof of the stuff Mike might have been doing in his "free" time?

Maybe that's why the NFL and/or the Falcons aren't talking much about the gambling angle.  Maybe the league and the team realize that it possibly could have its own Tim Donaghy situation on their hands, and that this one could threaten to reduce the overall credibility of the league to the level of pro wrestling.

We're not saying that Vick bet on (or, God forbid, against) his team, or that he intentionally played poorly one week to drive the line down for the following week.  And we hope nothing like that has happened to the sport we love, or ever will.

But we can't help but think that the failure of the league and the Falcons to acknowledge the fact that the charges pending against Vick are as much about gambling as they are about dog fighting makes us wonder whether the powers-that-be aren't secretly soiling their scivvies over the possibility that the in-house investigation will reveal that Vick's gambling habit wasn't confined to the blackjack tables and the dog-fighting pits.


POSTED 9:06 p.m. EDT; UPDATED 9:15 p.m. EDT, July 25, 2007

HOLY CRAP DEION IS A MORON

We've just had an opportunity to read an op-ed piece penned by Nobel laureate Deion Sanders for the Fort Myers News-Press.

Apparently, Deion didn't think to submit his award-winning piece to the Wall Street Journal.

The Michael Vick saga potentially could be the true watershed moment for correcting off-field player misconduct, and it will shed an unprecedented light on the dog-fighting subculture.  It also should be the instant at which broadcasting and print executives throughout the country realize that the fact that a guy has gained a significant degree of name recognition playing pro football rarely translates into an ability to speak cogently and intelligently about issues relating to the game.

In fact, any such exec pondering a decision to hire a former player should keep with him or her a laminated copy of Deion's item.

Here are some of the highlights.

First, Deion tries to give us a peek into Mike Vick's twisted mind. 

"What a dog means to Vick might be a lot different than what he means to you or I.  Hold on, don't start shaking your head just yet.  Listen to me.

"Some people kiss their dogs on the mouth. Some people let their dogs eat from their plate.  Some people dress their dogs in suits more expensive than mine, if you can believe that.

"And some people enjoy proving they have the biggest, toughest dog on the street.  You're probably not going to believe this, but I bet Vick loves the dogs that were the biggest and the baddest.  Maybe, he identified with them in some way."

So Deion essentially is saying that if Mike was subjecting his dogs to fighting (and likewise "euthanized" the ones who were destined to die in the pit), he only did it because he loved them so much.

Deion then echoes some Emmitt-style words of wisdom regarding the situation, suggesting that Vick is being prosecuted not because he was the ringleader but simply because he is famous.

Next, Deion argues that we should be more concerned about finding the guys who shot Brocnos cornerback Darrent Williams, and the persons who tied up and robbed Miami Heat forward Antoine Walker (does Tim Donaghy have an alibi?). 

In the end, Deion suggests that the media is focusing on the Vick story because there's nothing better to talk about.  "The reason this is turning into a three-ring circus is that baseball is boring, basketball is months away, football is around the corner and we in the media don’t have a thing interesting to write about," Deion writes.

Yeah, Deion.  One of the most controversial figures in the history of professional sports is poised to break one of its most hallowed records, and the NBA is wrestling with a gambling scandal that is rocking the sport to its very core.  And training camps are opening throughout the NFL with a high number of first-round holdouts.  Yawwwwwwwn.

Here's our attempt to take you for a tour into Deion's mind.  First, he wants to be the guy who gets the first exclusive sit-down with Vick, for whichever network Deion might be employed by if/when Vick ever decides to speak about the situation.  Second, Deion is merely adhering to the time-honored pro athlete code that, if you have something bad to say, you make up something good.

It's another reason why fans should listen to nothing that guys like Deion have to say, and it's another reason why the folks who are giving people like this a platform from which to pontificate should be held accountable for their decisions, internally or externally.
 


POSTED 1:24 p.m. EDT, July 25, 2007

THOUSANDS TO PROTEST MICHAEL VICK?  by Michael David Smith

According to the Associated Press, thousands of protesters are expected in downtown Richmond tomorrow for Falcons quarterback Michael Vick's arraignment on federal conspiracy charges related to the dog fighting ring that allegedly ran on his Virginia property.

If the protesters truly number in the thousands, can there be any question that NFL Commissioner Roger Goodell made the right call in telling Vick he's not welcome at the Falcons' training camp? If so many people feel so passionately about the charges against Vick that thousands will turn out at Vick's arraignment, there presumably would have been thousands of protesters ready to jeer Vick at the Falcons' training camp, too.

NFL training camps are a great experience, one of the few opportunities fans have to see their favorite players for free. Turning the experience into a massive protest would have been a nightmare for the team and the league.

The Richmond Police Department is apparently bracing for a major protest as well. The city will close some streets downtown this evening in preparation for Vick's appearance in Richmond tomorrow.


VICK DOESN'T THINK IT'S A BIG DEAL by Michael David Smith

Jason Cole of Yahoo! Sports reports that people close to Falcons quarterback Michael Vick say he didn't grasp the seriousness of the charges against him until Monday, when NFL Commissioner Roger Goodell ordered Vick to stay away from training camp.

Cole quotes an associate of Vick's who says that Vick resisted the proposal that he accept a leave of absence because he figures the whole thing will blow over.

"I wouldn't say he's delusional about the problem, but I don't think he sees it as being as big a deal as everybody else," the associate said. "He thinks it's going to blow over eventually . . . He doesn't know how deep this goes."

Cole also quotes the associate saying that the Vick camp hopes defense attorney Billy Martin can make Vick realize that he and the Falcons are both better off if he's not with the team until his legal case is behind him.

"Hopefully [Martin] can convince [Vick] that playing right now isn't a good idea," the associate said. "If Michael is with the team, it's going to be a circus every day."

However, Cole quotes a league source as saying if Goodell imposes a suspension under the league's Personal Conduct Policy and Vick fights it, Goodell will have a hard time making the suspension stick.  It all adds up to the league office wishing a player who was once one of its most marketable stars would now just go away.

"Exasperated?  Yeah, that's a pretty good way to describe how [the league] feels right now," another league source tells Cole.  "I would say that [Goodell] is doing everything he can not to lose his cool, but his patience is running out right now.  I think everybody with any common sense agrees that Vick can't be around the league right now and this thing can't keep going on much longer."


POSTED 4:24 p.m. EDT, July 24, 2007

BLANK WAS POISED TO BOUNCE VICK FOR FOUR WEEKS

Falcons owner Arthur Blank said at a Tuesday afternoon press conference that the team was ready to suspend quarterback Michael Vick for four games when Commissioner Roger Goodell intervened on Monday and asked Vick to stay away from training camp.

Blank says that the four-week suspension was the maximum allowable penalty under the CBA.  Technically, he's correct.  But paragraph 11 of the Standard Player Contract permits termination "if Player has engaged in personal conduct reasonably judged by Club to adversely affect or reflect on Club."

Clearly, the actions of Mike Vick that resulted in his indictment on federal conspiracy charges "adversely effect or reflect on Club."  Whether he's convicted or acquitted, Vick put himself in a position to be indicted on serious charges, and that should be enough to justify cutting him.

Our guess is that the Falcons are merely trying to mollify the anti-Vick component of the fan base while not alienating the pro-Vick crowd.  Because it's clear to us that they could dump Vick if they really wanted to do so.

We don't blame the Falcons for walking the tight rope.  We're merely pointing out that we're pretty sure that that's what they're doing.


POSTED 12:54 p.m. EDT, July 24, 2007

"MANY" VIEW VICK AS DONE

A source who holds a fairly high-level position with one of the 32 NFL franchises tells us that "many" folks in the league think that Michael Vick will never play again in the NFL.

We've suspected that, even if Vick is acquitted of all pending federal charges and possible state charges, he likely won't find a home with another NFL team.  For starters, he's simply not that good of a passer.  And once his legs start to go, he'll be just another guy.  When you match those skills with the fact that any team that signs him will instantly be targeted for protests and harassment, we can't imagine anyone touching him.

Not even that widely-regard haven for miscreants situated on the eastern rim of the San Francisco Bay.

If Vick is convicted after a public trial involving detailed testimony of dog fights and canine killings, he won't be back, either.

We still believe that his only hope is to strike a deal now, do his time, throw himself at the mercy of the fans and the league, and hope for redemption.  I mean, if Marv Albert can return to the top of the broadcasting food chain, Vick should at least get a crack at playing pro ball again once he wraps up his tenure with the Mean Machine.

Even then, however, we're not sure that he'd find any takers.  The allegations against Vick are probably too unusual and too heinous to allow him to ever be regarded as a guy on which an NFL franchise can justify taking a risk.


POSTED 8:06 a.m. EDT; LAST UPDATED 9:14 a.m. EDT, July 24, 2007

COMMISH BACKING VICK INTO A CORNER?

We greatly appreciate the fact that we have a throng of readers who are willing to share their insights with us.  Though it often means that we have to sift through more than 300 e-mails in a given day, it's worth it.

Sometimes (okay, a lot) a reader will notice something that we missed.  For example, in the NFL's statement regarding the decision to bar Falcons quarterback Mike Vick from training camp, a reader pointed out language that might represent an intentional, yet very deft, effort by Commissioner Roger Goodell to put Vick in a position where a stiff suspension is justified for reasons unrelated to whether he is factually guilty of gambling, dog fighting, and/or dog killing.

Says the NFL's official release on the matter:  "Commissioner Goodell informed Vick that the review would be completed as soon as possible and that Vick’s full cooperation is expected."

Key words:  "Vick's full cooperation is expected."

As a practical matter, Vick's full cooperation is unlikely. 

We can see it now.  Vick and lawyer Billy Martin travel to New York to be grilled by the Commish and one or more of the blue suits from Covington & Burling.  With each question posed to Vick in an effort to determine whether he knew about or was involved in the barbaric activities that unfolded on his property, Martin will likely tell Vick not to answer, given that federal conspiracy charges are still pending.

Of course, if Vick answers the questions, then whoever it is from the league offices who hears what he says, and makes contemporaneous notes of it or (even better) records the audio or the video of Vick saying it will be subpoenaed to testify at the criminal trial.  As we've previously noted, anything that Vick says can be used against him at trial.  Though he's not required to testify at trial by virtue of the Fifth Amendment, no such protection applies to the investigation that his employer is conducting.

So his choices are simple -- talk to the NFL and risk giving the prosecutors more ammunition to use against him, or refuse to talk to the NFL and invite a suspension for failure to cooperate.

It's a great move by the NFL.  It provides the Commish with independent grounds to act against Vick if he doesn't talk, and it aids the overall truth-seeking process if he does.

Our guess?  Vick won't talk, even though the end result could be that the Falcons will have the ability to pursue more than $28 million in bonus money that already has been paid to him.  Securing an acquittal is far more important that protecting the money, and talking to anyone about the situation will serve only to impair Vick's chances of beating this rap.


VICK'S RADIOACTIVITY TAKING ROOT

We've said frequently in the past week that the charges and allegations against Mike Vick will render him radioactive, regardless of the outcome.

A week later, there is more and more proof of corporations running away from Mike.

Rece Davis mentioned moments ago on ESPN Radio that a search of "Vick" on Nike.com results in a message that says, "Sorry, we found no product matches for your search."  (We tried it, and Rece is right.)

This prompted us to go back to the Dick's Sporting Goods web site.  We recently learned that the 250-store chain had removed all Vick product from its shelves.  However, a search of the name "Vick" still brought up his No. 7 Falcons jersey. 

Now, the entry of Vick's name results in a listing of various Falcons jerseys with the number "00," and no specific reference of any kind to Vick or any Vick-related product.

Frankly, we think Vick's only chance to ever turn this thing around is to strike a reasonable plea deal quickly, do a year or so at Club Fed, and then hope to return to the NFL after he has paid his debt to society.  Though we are a society that likes to see the folks we've placed on pedestals stub their toes, we're also very generous when it comes to forgiving -- if/when we perceive the person is genuinely contrite.

So Vick has a chance to ultimately become a great story of American redemption.  Unfortunately, we simply don't think he's wired to ever admit to anything, or likewise to show any real remorse.


POSTED 6:23 p.m. EDT; UPDATED 7:34 p.m. EDT, July 23, 2007

VICK NOT WELCOME AT FALCONS CAMP by Michael David Smith

Jay Glazer of FOX Sports is reporting that NFL Commissioner Roger Goodell has decreed that Falcons quarterback Michael Vick is not welcome at training camp.

Glazer reports that the move is seen as an opportunity for the league office to take more time to assess the facts of the accusations of dog fighting leveled at Vick. Glazer reports that the league could give Vick "an extensive punishment" for his ties to dog fighting, and that Vick could be forced to sit out the year.

Glazer's report comes on the heels of Fox 5 in Atlanta reporting that Vick will take a leave of absence. The entirety of the FOX 5 report was, "The NFL says that Michael Vick will be taking a leave of absence."

Pretty much everyone except Vick agrees that a leave of absence would be the best solution.  It would allow Vick to devote his full attention to his legal defense, and it would allow the NFL and the Falcons to avoid having animal-rights activists picketing Falcons training camp.  But apparently Vick disagreed, and now Glazer reports that Goodell has made the decision for him. 


POINDEXTER WON'T INDICT NOW, COULD INDICT LATER  by Michael David Smith

The Atlanta Journal-Constitution is reporting that Surry County Prosecutor Gerald Poindexter says he will not seek an indictment of Michael Vick when a grand jury meets tomorrow.  But that doesn't mean what some broadcast outlets think it means.

The AJC story has been repeated by television reporters who seem to misunderstand the report.  Just because Poindexter won't seek an indictment tomorrow does not mean Vick won't eventually face state charges of animal cruelty, dog fighting or anything else.  It just means that the indictment won't come tomorrow.

Poindexter said last week that he planned to use evidence gathered by federal investigators to bring an indictment against Vick, so a local prosecution would only come after federal authorities have shared their evidence with the local authorities.

As we've mentioned here before, Poindexter might be forced to wait until the federal prosecution is concluded before acting against Vick.  So nothing definitive is likely to come out of Poindexter's office any time soon.

 

POSTED 4:55 p.m. EDT, July 23, 2007

VICK HIRES BILLY MARTIN

Len Pasquarelli of ESPN.com reports that Mike Vick has hired Billy Martin to represent the Falcons (for now) quarterback in connection with federal conspiracy charges relating to gambling and dog fighting.

We reported earlier in the day that Martin had been interviewed for the gig, along will Ted Wells, who represented Scooter Libby, the former Chief of Staff for Vice President Dick Cheney.

Martin's biggest challenge, as we see it, will be getting Vick to go along with Martin's advice on all matters, without question or debate.  Vick needs to be willing to put his life in this guy's hands, or Vick's case will fail.

Of course, even if Vick complies with every recommendation from Martin, the case still might fail.  But the chances of success will be greater if Vick lets Martin call the shots.

For now, we'll venture out onto a limb and predict that Martin won't be the lead counsel when this thing goes to trial.  We simply can't see Vick fully appreciate the jeopardy he now faces unless and until he has fired or scared off one or two of his lawyers.


POSTED 3:25 p.m. EDT; UPDATED 3:44 p.m. EDT, July 23, 2007

COULD VICK BE CUT THIS WEEK?

Okay, this is the last Mike Vick story that we'll post, for at least an hour or two.  In fact, we'd planned to call it quits for a while until spotting an item from Dan Benton of AOL's FanHouse in which he writes that Steve Wyche of the Atlanta Journal-Constitution said Monday on ESPN that the Falcons might cut Michael Vick this week.

As we've previously explained, a post-June 1 release of Vick would trigger a cap charge of $7.57 million in 2007 and $14.68 million in 2008.  But by avoiding Vick's base salary of $6 million in 2007, the net effect of dumping him would be an extra cap hit of $1.57 million this year.  Likewise, because the team wouldn't be on the hook for his $7.5 million base salary to be paid in 2008, the net difference is $7.18 million.

The cap hit does not represent any new money that the Falcons will be required to pay.  Instead, it is the result of past bonus money being accelerated into the salary cap.  In fact, because the Falcons already are carrying in 2007 a $7.57 million cap charge for the portion of Vick's $37 million in signing bonuses that applies to the current league year, the actual net result of cutting him would be additional cap room of $6 million, since the $7.57 million is on the books regardless of whether he's on the team or not.

With that said, we believe that a decision to release Vick is unlikely to come until after he commits a default, and after the team initiates an effort to recover bonus money previously paid to him.  By our calculations, Vick is potentially on the hook for more than $28 million if he misses Thursday's training camp practice without written consent of the team to attend his arraignment.  Likewise, the repayment obligation will be triggered if he is suspended by the team or the league.

By cutting him before he is in default, the Falcons would lose their ability to pursue the bonus money.  Also, by cutting him after he is in default but before they secure a ruling that the money is owed, it's possible that the Falcons will have waived their claims.

And don't underestimate the potential backlash from the Vick supporters that will occur if it is perceived that the Falcons went too far in their reaction to the indictment.

The better approach, then, would be for the Falcons to merely suspend Vick for now, file a grievance against him to recover the bonus money, and sever ties with him after the 2007 season.

Of course, the best approach would be for Vick to agree to a leave of absence at a reduced salary, with the difference being pushed into 2008.  But since he apparently still isn't able to identify what's good for him (and what isn't), it appears that a leave of absence won't happen.     


POSTED 2:51 p.m. EDT, July 23, 2007

PETA PROTESTS AT FALCONS HQ

One business day after protesting outside of the NFL's offices in New York, roughly 50 people showed up at Falcons headquarters in Flowery Branch, Georgia in a protest orchestrated by the People for the Ethical Treatment of Animals.

"The Falcons can get rid of us right away if they suspend Michael Vick.  And we hope they choose to do that," said Dan Shannon, assistant director of campaigns for PETA.

The Falcons are due to open training camp on Thursday.  Vick, however, will be in Richmond for an arraignment and a bond hearing on federal conspiracy charges.

Falcons spokesman Reggie Roberts said that the team will have no comment about the protests.


POSTED 12:36 p.m. EDT; UPDATED 1:34 p.m. EDT, July 23, 2007

VICK HAVING TROUBLE FINDING A LAWYER

An industry source tells us that Falcons quarterback Michael Vick is encountering difficulty in identifying big-name lawyers who are interested in representing him. 

Said the source, "They don't want their offices picketed by PETA."

Also, there's a sense that Vick's "I'm never there" statement from April 27 already dooms the defense to failure.  If, as it appears, the feds have compiled detailed evidence putting Vick on his Surry County property on multiple occasions during the five-plus years that it served as the headquarters for a dog-fighting operation, Vick's comment is strong circumstantial evidence that he knew darn well what was happening there.

Even if "never" really meant "rarely" (as the "real" media inexplicably has inferred), our guess is that the feds can prove that the truth is that he was there "often" or "frequently" or "all the damn time."

The source tells us that two of the lawyers who have been interviewed for the representation are Ted Wells, who represented Scooter Libby, and Billy Martin, who defended former Atlanta mayor Bill Campbell on corruption charges, and who was defended other sports figures and celebrities. 


INSIGHTS FROM A FORMER FEDERAL PROSECUTOR

Since the federal prosecutors handling the Vick case won't be conducting many (or any) Poindexter-style press briefings, the closest thing we'll ever get to the thought processes of the federal prosecutors in this case will be via the insights of a former federal prosecutor.

Attorney Marc Garber of The Garber Law Firm, with offices in Atlanta and Marietta, Georgia, worked for eight years as a federal prosecutor in New Jersey and Nevada.  He agreed to provide on-the-record observations regarding the Vick case, based on Garber's experiences working up and trying federal criminal cases on behalf of the United States of America.

As an initial matter, Garber believes that the mere existence of an indictment is the product of extensive work by prosecutors to marshal evidence that puts Vick in the places where they allege that he was, doing the things he allegedly did.  That evidence, Garber believes, goes beyond the four unnamed cooperating witnesses mentioned in the indictment.

"If I had Vick's case," he said, "the testimony of four cooperators would be enough to prompt a search, but not an indictment.  To pull the trigger on an indictment, I'd need documentary evidence that corroborates what the cooperators said. 

"I'd start with Vick's credit-card bills to see where he's buying things and when.  I'd check airline tickets or other evidence of travel to see when he was in Virginia.  I'd check cell phone information.  I'd check emails.  Whatever kind of documented communication or evidence of travel or location you can imagine, that's what I'd want.

"There's no way, if you're a federal prosecutor, you pull the trigger on this case without [extensive] documents that let you plot out a time-line -- in multiple colors on a huge board that sits in front of the jury as you bury Vick witness by witness and document by document -- putting him at the dog fights on his property."

It all makes a lot of sense.  As we've previously explained, the feds aren't in this case to win an indictment and then lose a trial.  They took on this fight because prosecutors believe that they have the proof to secure a conviction.

Interestingly, Garber thinks that the prosecution ultimately will focus less on the dog fighting and more on the gambling.

"This case is not so much about animal abuse, though that's the hook that gets the jury impassioned," Garber said.  "This case from the Justice Department's perspective is about an illegal-gambling ring which, though the NFL remains silent on this point, is why Vick should be staring at an instant suspension."


POSTED 8:47 a.m. EDT; LAST UPDATED 9:20 a.m. EDT, July 23, 2007

FALCONS TO ACT ON VICK BY TUESDAY

Peter King of SI.com reports that Falcons owner Arthur Blank plans to impose some type of discipline on quarterback Mike Vick by Tuesday. 

King also reports that NFL Commissioner Roger Goodell reserves the right to tack additional penalties to the sanctions imposed by the team.

The Falcons' options in this regard are limited.  They can cut him, pursuant to paragraph 11 of the Standard Player Contract.  Or they can suspend him without pay for up to four games under the CBA.

So it's possible that the Falcons will suspend Vick for the first four games of the regular season, and then Goodell will later suspend Vick for the remaining 12 of the 2007 season.  Given that the Vick prosecution is in the so-called "Rocket Docket," the case will most likely be resolved by the commencement of offseason workouts in 2008, and the team can make a decision about Vick's future after the trial.

The only flaw in this approach?  Suspending Vick for the first four games of the 2007 regular season might not permit the team to tell him to stay away from training camp and the preseason.  Players suspended by the league for the first four games of the season due to violations of the substance abuse policy or the steroids policy are permitted to participate in preseason preparations.

Of course, Vick could voluntarily agree to accept a banishment from camp and the preseason, but the fact that Arthur Blank spent Sunday in Montana pondering his options for disciplining Vick tells us that, as we'd heard, Vick has refused to agree to anything.  And this means that Vick is likely to refuse to stay away from camp or from the preseason games.

Thus, if/when the Falcons suspend Vick, the stage will be set for a nasty T.O.-style grievance hearing, if Vick decides to fight the decision.  (Before making any decisions in this regard, however, Vick should consider the fact that he'd likely have to testify at the ensuing arbitration, and that the feds would likely subpoena the transcript of any such testimony for use in the trial on the pending conspiracy charges.)

Regardless of how it turns out, it's increasingly clear to us that Vick can't be a part of the Falcons team while these charges are pending, and it's apparently becoming increasingly clear to Blank that something must be done.  The possibility of pickets and increased security at training camp, and of constant boos raining down from the stands at home games, is beyond unacceptable.

If Vick isn't willing to realize that it's in everyone's best interests (including his) for Vick to not be around, then someone else will have to make that decision for him. 

The stakes are nevertheless high.  Ridiculously high.  As we explained on Saturday, the Falcons would be able to attempt to recover more than $28 million in bonus money from Vick if he misses a single practice or game due to a suspension.  That reality could force Vick to fight any effort to discipline that the Falcons try to impose, even if it means that he'll be creating evidence that could be used against him by prosecutors. 

Bottom line -- this ugly situation is going to get uglier, primarily because Vick can't realize that it's in his best interests to work out a deal with the Falcons, and because no one around Vick has the juice to get him to listen.


MIKE'S DREAM TEAM COULD BE A NIGHTMARE

ESPN's Chris Mortensen mentioned during a morning appearance on ESPN Radio that Mike Vick will be hiring his legal defense team on Monday.

It will be the biggest decision Vick makes in his life, since the outcome of the pending prosecution will shape the rest of it.

The problem is that Vick has by all appearances surrounded himself from sycophants (thanks, Tiki).  In our estimation, Mike doesn't like people telling him things that he doesn't want to hear.  Thus, he's got a tendency to end up associating with people who nod and smile at whatever Mike says that he wants to do, no matter how stupid they think it might be.

But when it's time to hire a lawyer who has the stuff to be effective in a federal courtroom wrangling with federal prosecutors, the client needs to be willing to say to the lawyer, "You're the doctor."

Some clients just can't do that.  Based on what we know of Mike Vick, we think he's one of them.

You see, Mike needs a lawyer who isn't looking to make a name for himself or herself by representing Mike Vick, and thus who would be willing to kiss Mike's ass and do whatever Mike wants as long as the lawyer can get his or her name in the paper every time the case is mentioned.  That's, in our view, a recipe for a conviction. 

Instead, Mike needs a lawyer who is concerned only about doing everything he or she can to get Vick acquitted -- and Vick needs to be willing to put his full faith and trust in that lawyer.  He needs someone who has extensive experience with and knowledge of the prosecutors handling the case, and with the judge who is presiding.  If, for example, a former law clerk to Judge Hudson is now a criminal defense lawyer in the Richmond area, he or she should be part of the team.  Likewise, if there is a local lawyer who has matched up well with the lead prosecutor in other cases, that's the person who should be squaring off with the prosecutor in this case. 

The problem is that Vick has shown deeply flawed judgment over the years, and we have no reason to believe that he finally "gets it" now.  Our guess is that he'll hire the persons who clamps their lips most tightly to Mike's butt, or that he'll hire the firm who quotes the lowest hourly rate. 

After all, Mike probably thinks that his total bill for this effort should be only $10,000.


KING AGREES WITH OUR TAKE ON EMMITT

We sounded off on Saturday about the goofy remarks from ESPN's Emmitt Smith regarding the Mike Vick situation. 

Said Emmitt:  "He's the biggest fish in the whole doggone pond right now so they're putting the squeeze on him to get to everyone else. . . .  Now, granted he might have been to a dogfight a time or two, maybe five times, maybe 20 times, may have bet some money, but he's not the one you're after.  He's not the one you're after, he's just the one whose going to take the fall -- publicly."

Peter King of SI.com joins in our criticism of Emmitt.  King writes:  "Nice to see Emmitt knows so much about the federal government's case.  Didn't anyone ever tell him, 'When there's an important issue out there, give an educated opinion if you have a good idea what you're talking about.  If you're not sure what you're talking about, the only thing you can do by opening your mouth is look like you're 11 years old.'"

King also predicts a potential train wreck in Bristol:  "I have a bad feeling about Smith's tenure at ESPN, and it hasn't even started.  His comments on Vick are so idiotic and inappropriate that a few people at the Worldwide Leader have to be thinking, 'Uh-oh.  What if we've gone and hired someone who's very famous but not very smart?'"

Pete, it wouldn't be the first time they've done so.  Nor will it be the last.


POSTED 11:19 a.m. EDT; UPDATED 12:34 p.m. EDT, July 22, 2007

NO TOUGH QUESTIONS FOR LEVENS ON OTL

We like and respect the "real" journalism that occurs on ESPN's Outside the Lines, a long-term offering of a network that has allowed itself to be infested by adolescent offerings like the insufferable "Who's Now."

Nevertheless, we're disappointed by the questions (or, more accurately, lack thereof) that were posed to former NFL running back Dorsey Levens during a Sunday morning appearance on OTL.

Levens was on to discuss the dog-fighting controversy engulfing Falcons quarterback Michael Vick, and Levens offered up some opinions on the matter.

But why solicit opinions from Levens when he's one of the few guys in the NFL with first-hand knowledge of the pry bar in Vick's pocket for pit bulls?

As a reader pointed out to us earlier in the week, Levens once sold a dog to Vick.  Levens also had knowledge of plans by Vick to open a kennel of his own.

Consider this excerpt from a 2004 interview of Levens on the Eagles' official web site:

PE.com: You are part-owner of a dog-training company called Premier K9.  Talk about how you got started with that.

DL:  "It was just a business opportunity.  I had a dog that was just obnoxious.  I couldn't stand the dog and my girlfriend at the time wouldn't let me get rid of it.  Art Washington trained the dog to perfection in two weeks.  He was simply incredible.  He could do anything with dogs.  I've seen him give demonstrations.  We've built up a relationship over the course of a year.  The opportunity came up where another kennel had closed and it was a smart business move.  It was an easy investment."

PE.com:  I'm guessing you're a big dog guy.

DL:  "Absolutely.  I had two Rottweilers that were trained to perfection.  But I had to give them up, it's a long story.  But I have two dogs coming that will be born any day now.  Once the season is over, I'll go back to Atlanta and pick them up."

PE.com:  What kind of dogs?

DL:  "Presa Canario.  They're real big dogs.  They're from the Canary Islands in Spain.  That's where they originated from.  They're really, really, big massive dogs.  Think of a pit bull on steroids.  I think Correll Buckhalter has two of them.  The first time I saw it, I was like 'Nice-looking dog, now please put it away.' "

PE.com:  So, why not train any poodles?

DL:  "We don't do froo froo dogs.  All we do is protection dogs.  We will train and board them if you wanted, but our main business is breeding and training protection dogs -- German Shepherds, Rottweilers, Presa Canario, just big dogs that say 'stay out of my house.' "

PE.com:  Have you ever trained the dogs?

DL:  "I've put on a bite suit and have done bite work with the dogs.  You agitate the dogs and have them come attack you.  I was terrified the first time, but it was something I had to get out of my system.  I started with a small pit bull and worked my way up."

PE.com:  OK, a small pit bull.  I feel really better now.

DL:  "As long as you protect your face, it's really not that bad.  But Art is so good, he can have a dog sprint 20 yards to attack you.  Then you can tell the dog to stop a yard before he gets to you and the dog will not touch you.  He'll stop and come right back.  But if he doesn't say that word to stop, the dog will jump all over you."

PE.com:  Michael Vick of the Atlanta Falcons is another customer.  Did you think of not training his dog so it would attack him?

DL:  "No, no. It's all business.  Mike is a big dog person.  Actually, he wants to open up a kennel of his own and that is in the works."

The site for Levens' business is right here.  At the top of the "Satisfied Celebs" page is a photo of (you guessed it) Mike Vick.

Another "Satisfied Celeb" is former NFL safety Ryan Stewart, an Atlanta radio host who was interviewed for the OTL piece.  He was asked nothing about his own interest in large dogs with sharp teeth. 

Unlike the now-defunct site for Vick's K-9 Kennels operation, which contains a specific statement that his dogs aren't meant for fighting, Levens' site contains no such disclaimer.

None of this means that Levens is a dog fighter.  But, wow, Bob Ley would have had some ammunition for some interesting questions if someone in Bristol had known about Levens' connection to Vick.

And even though Levens wasn't asked any questions about whether during his dealings with Vick he ever got the impression that Mike was interested in these dogs for something other than securing his home, Levens could have chimed in and said, "I don't believe any of these charges.  I breed and train dogs, and I've sold dogs to Mike Vick.  I can tell you that he loves these animals and he'd never do anything like this.  And if I ever thought he did, I'd kick his ass myself."

The fact that Levens didn't raise the issue makes us wonder whether he now has suspicions of his own about Vick's interest in dogs.  And at a time when there is speculation that other current and former NFL players know about or are involved in the "sport," plenty of people will likely wonder whether Levens has been to the fights, or has helped train dogs specifically for that activity.


BUYER OF VICK HOUSE STILL UNKNOWN

Newsday reports that the identity of the person who supposedly bought Mike Vick's Surry County, Virginia property not long after 54 dogs were removed from the yard behind the house is still unknown.

"You and about 10,000 other people want to know," said a person who answered the phone at the office of the Surry County Courthouse.  "But I haven't seen a bill of sale yet."

Typically, property transfers are formalized via the filing of a deed in the local courthouse.

The home reportedly was sold for less than 50 percent of its assessed value in May.  One neighbor claimed that the had a verbal contract to buy the house, but that the Vick camp declined to formalize the deal.  At one point, there was a report that "heads will turn" when the purchaser is identified.

Newsday also echoes past (and, potentially, forgotten) reports that neighbors had previously complained about the noise emanating from the dogs that were kept on the property.  "Everybody has been calling the sheriff," one local resident said.  "It's been reported for years.  It wasn't that hidden.  The house sits right there by the road.  You go by there and you know something's going on."


POSTED 11:56 p.m. EDT, July 21, 2007

VICK RESISTING LEAVE OF ABSENCE

A league source tells us that Falcons owner Arthur Blank and G.M. Rick McKay are pushing for a paid leave of absence for embattled quarterback Mike Vick, but that Vick doesn't want to do it.

Though one of our readers pointed out that Vick would be inclined to resist a leave of absence if he fears that he'll be convicted, and thus would likely never play again thereafter, the source says that Vick believes that he'll be acquitted, and that he doesn't think he should step aside while the case is pending.

The source also says that Vick's handlers are afraid to be frank with him about the wisdom of taking a leave of absence, since they fear that if they tell Vick something other than that which he wants to hear, he'll fire them.

The Falcons, we're told, want to resolve Vick's status so that they can pursue free-agent quarterback Daunte Culpepper.  Also, the source says that the team fears the loss of sponsorship dollars and the ire of folks who lease high-dollar suites at the Georgia Dome.

Under the CBA, the team cannot impose a paid leave on Vick against his will, due to revisions made in 2006 following the Terrell Owens situation, where the Eagles sent him home for the balance of the season with pay.


POSTED 10:30 p.m. EDT, July 21, 2007

VICK CAMP'S SILENCE IS DEAFENING

In nearly three months, the only public statement from Michael Vick or any of his agents, lawyers, and other handlers has been Vick's "I never go there" routine from April 27.

Apart from that, there has been nothing.  From Vick, from agent Joel Segal, from Vick's lawyers.  From his brother Marcus, who suddenly knows the relief that LaToya Jackson felt once her brother Michael went cuckoo.  Nothing.  From anyone.

[UPDATE Apparently, Marcus Vick recently had something to say.  But it was hardly a profession of innocence.]

In fact, the only teammate who has said a word about Vick is Joe Horn, who really isn't a teammate at all because he just joined the team earlier this year.

Though Vick's silence can be explained by the fact that his lawyer(s) have told him not to speak, we can't help but wonder whether a truly innocent man, who breeds and sells dogs because he loves them so much, would be able to stay silent in the face of media reports and federal documents indicating that he shows his love for his pets by subjecting them to pain, disfigurement, and death.

Those who have cautioned against a "rush to judgment" regarding Vick have pointed to the lessons of the Duke lacrosse case.  Though we think that the two cases are very different, there's one aspect of the Duke case that is worth mentioning.

In the Duke case, the three men who were ultimately found to be innocent weren't afraid to yell it from the rooftops.

In May 2006, only weeks after the alleged rape, David Evans declared that he didn't do anything.  "I am innocent, Reade Seligmann is innocent, Collin Finnerty is innocent, every member of the Duke lacrosse team is innocent.  You have all been told fantastic lies . . . . the truth will come out."

Added Evans:  "I passed that polygraph for the same reason I will be acquitted of all these charges.  I have done nothing wrong and I have told the truth, I have told the truth from Day One . . . I have the truth behind me and it will not phase me."

In this case, no similar suggestion has been made, by Vick, or by anyone close to him.  There has been no polygraph test (which is even more glaring given that at least one NFL team believes that it's appropriate to employ such tactics), and there has been no declaration of innocence.

Sure, Vick likely will stand up next week and utter the words "not guilty," but as everyone except Vinny Gambini realizes the options at an arraignment are to say "guilty" or "not guilty."  Saying "not guilty" is hardly a heartfelt declaration of factual innocence.

Meanwhile, why in the hell isn't Segal saying anything on behalf of his star client? 

Our belief is that Segal fears that his association with Vick will be used against him in the recruiting of future potential clients, and that rival agents will tell the players that Segal doesn't know how to keep his guys out of trouble.  Though the damage in this regard has already been done, Segal won't make the situation any better by holding press conferences on Vick's lawn or appearing on SportsCenter via satellite. 

Also, if Segal were to declare that Vick is a great guy and would never harm an animal, and then Vick is convicted, Segal's chances of getting any future clients would be seriously diminished.

Still, none of this silence is a good sign for Vick.


DOES VICK WANT ONE LAST SHOT AT GLORY?

As noted above, Mike Vick's silence in the wake of the current controversy doesn't do much to inspire a belief that he's being falsely accused of wrongdoing.  And, as one of our many astute readers has pointed out to us, a Vick who knows in his heart that he is guilty is highly unlikely to voluntarily sit out for the 2007 season.

Why?  Because if Vick did it and if he realizes that he's going down, the coming season will be his last chance to play NFL football.  So why should he or would he agree to step aside?

It's a brilliant point, and we wish we'd thought of it. 

Of course, it's possible that Vick's handlers will convince him to step aside even if he feels that 2007 will be his last chance to play pro ball.  But, to date, Vick's handlers haven't been doing a very good job of giving Mike advice, or of getting him to heed it.


POSTED 9:44 p.m. EDT, July 21, 2007

LET'S GO EASY ON THE NFL, FALCONS

At a time when some folks believe that Mike Vick is being condemned too quickly by the public and the media in the wake of a federal indictment containing horrific details of dog fighting and torture, many of the folks who are convinced that Mike Vick deserves swift and serious punishment from his employer are condemning the NFL and the Atlanta Falcons too quickly for the failure to sideline Vick in the wake of the indictment.

We believe that Vick should be severely sanctioned by the NFL and the Falcons, but not because we believe that he is legally guilty of the federal conspiracy charges lodged against him.  We think he should be suspended (if not banished) because we believe that Vick's decisions (regardless of the outcome of his trial) have done more damage to the NFL brand than all other players allegedly involved in criminal wrongdoing over the past few years combined, especially since the Vick indictment comes at a time of unprecedented media and fan scrutiny of off-field misconduct.

As we've said before (and likely will say again), whether Vick still should have a multi-million-dollar job is a separate question from whether he goes to jail.  As to the latter, we're more than willing to wait for the jury's verdict.  As to the former, we think that Vick already has forfeited his ability to play professional football at its highest level via, at a minimum, his reckless associations with persons who would use land he owns to engage in such despicable deeds.

But if we were the ones making the decision to seriously limit (and possibly to permanently end) a guy's sports career, we wouldn't make that decision in only four days.  The league and the Falcons were surely shell-shocked after the indictment was handed up (or down, or whatever the right term is); under these circumstances this just isn't the kind of decision that can be made quickly and without sufficient information.

Was Pacman Jones suspended for a year less than a week after he allegedly went bonkos in that Vegas strip club?  No.  Was Chris Henry suspended for eight games days after the latest of his various misdeeds?  No.  These things take time, and it's unreasonable to expect the NFL and the Falcons to come to a prudent and proper conclusion so soon after the news broke that Vick is facing serious federal charges.

We're not saying that the folks who want to see Vick out of the game should remain silent until a decision is made.  The public and media reaction is part of the information that the league and the Falcons will consider in coming to a final conclusion.

But let's not insist on a decision as to such a complex and delicate issue before the folks making the decision have had the chance to make a good one.

Whatever it might be.


POSTED 9:15 p.m. EDT, July 21, 2007

EMMITT SHOULD STICK TO FOOTBALLS AND BALLROOMS

When ESPN decided to dump Michael Irvin from its NFL coverage, we were concerned that the Boys in Bristol had realized that it was more important to hire people who could intelligently analyze football-related issues and speak extemporaneously about them in an engaging, entertaining manner.  And that, of course, would give us less things to criticize about ESPN's football coverage.

The hiring of Emmitt Smith suggests that ESPN continues to prefer name recognition to ability, if Smith's initial comments about the Mike Vick situation are an indication of the brain power that he'll apply to his new job.

On Saturday, Smith told the AP that he thinks the feds have targeted Vick to get him to give up information regarding other dog fighters.

"He's the biggest fish in the whole doggone pond right now so they're putting the squeeze on him to get to everyone else," Smith said.

"Now, granted he might have been to a dogfight a time or two, maybe five times, maybe 20 times, may have bet some money, but he's not the one you're after.  He's not the one you're after, he's just the one whose going to take the fall -- publicly."

So who are they after, Emmitt?  Every person who ever has attended a dog fight with Vick?  Or is it that the feds plan to filet and fry the big fish first and then work their way down to the minnows?

As an initial matter, Smith's concession that Vick might have been to a dogfight or two suggests that Smith has not been following the story very closely, or that he doesn't understand any of the nuances of it.  If, as Smith concedes, Vick knew about or was involving in dog fighting, then there's no way that he can claim ignorance of the 54 live dogs, the 17 dead ones, and the dog-fighting equipment that have been taken from his property in Virginia.

Also, if Smith's theory is accurate, it would represent a groundbreaking new approach to criminal prosecutions by the U.S. government.  Instead of using the Sammy Gravanos of the world to bring down the John Gottis, the feds will now go after the top of the pyramid first, and then use him to take down all of the little guys.

It doesn't work that way, Emmitt.  Because the feds can't prosecute every violation of federal law, they prefer to get the biggest bang for their buck.  They do so by targeting the big names, if/when they have hard proof that can be used to bring the big names down.  If they don't have the evidence, they work their way from the bottom up.  Once they have the evidence to get the kingpin, they could care less about going from the top down. 

In this case, the feds clearly believe that Vick is the kingpin of the dog fighting operation that allegedly was being maintained for more than five years in Surry County.  Thus, the goal is to make an example out of Vick, so that the rest of us keep in mind that there are real consequences for failing to respect the rule of law. 

Though there might be plenty of other dog fighters who won't be prosecuted, the goal of the feds isn't to round up those folks and put them into a system of overcrowded prisons.  The objective is to scare as many of them as possible into changing their ways.

And that makes the stakes of the Vick case even higher.  If the feds swing their big bat at him and miss, others who are breaking the law might be emboldened, not deterred.

Of course, we can't expect Emmitt to understand all of this, in part because he has spent the last 20-plus years playing football and dancing ballroom.  As a result, we're looking forward to the well-informed, cogently-reasoned, and common-sensical analyses that he'll be offering up this year. 


POSTED 2:04 p.m. EDT; LAST UPDATED 2:37 p.m. EDT, July 21, 2007

LEAGUE, UNION DISPUTE REPORTS OF LEAVE OF ABSENCE

The NFL and the NFL Players Association both claim that the possibility of a leave of absence for Falcons quarterback Michael Vick is not on the table.

"We don't know anything about a leave of absence," NFL senior V.P. Joe Browne said.  Added NFLPA executive director Gene Upshaw:  "I haven't told Mike Vick to do anything."

So, if Browne and Upshaw are telling the truth, where did ESPN.com get it's information that the only impediments to a leave of absence were the willingness of Falcons owner Arthur Blank to offer it, and Vick's willingness to accept?

One league source believes that the notion of a leave of absence has been floated to ESPN.com by Vick's agent, Joel Segal, who is regarded in league circles as a key provider of NFL information to Len Pasquarelli of ESPN.com.  Segal has been conspicuously silent regarding his star client (more on that to come), but that doesn't mean that Segal isn't working guys like Len on an off-the-record basis. 

But, frankly, we disagree with that theory.

In our view, a leave of absence makes perfect sense.  It allows the team and the league to get out of an increasingly hot kitchen, deferring any final decisions on Vick until the federal case in which he's involved makes it trek through the "Rocket Docket" of the Eastern District of Virginia.  And it allows Vick to focus his attention on getting ready to stay out of a steel-and-cinder-block pocket from which he won't be able to roll out.  There's no reason for the league, the team, and the union to not want to proceed in this fashion.

So it could be that the ESPN.com report is right on the money, and that the league and union are saying otherwise because Vick has made it clear that he's not interested in a leave of absence, even if it's his smartest option.  Based on comments that were made during a Friday appearance on NFLN's Total Access by Falcons receiver Joe Horn (who seems to be doing a lot of speaking on behalf of a team for which he's never played a single down), we got the distinct impression that Vick wants to play, and that he doesn't understand why he shouldn't.

As explained below (two stories down), no leave of absence will fly without Vick's approval.  So if Vick is making it known that he won't walk away willingly, the league and the union need to act like it was never even discussed.

The end result is that a sticky situation suddenly gets a lot trickier, and it's avoidable.  Why doesn't Vick know what's good for him?  Then again, we've got a feeling that the same mental acuity that prompted Vick to risk his multi-million-dollar career for his pocket-change hobby is still influencing his decision-making processes.  


VICK INDICTMENT IS GOOD FOR BUSINESS, UNFORTUNATELY

The fact that we've been following this Mike Vick story from the moment they started pulling boxes of Nandrolene-laced Milk Bones out of the Vick property in Virginia has, in light of the fact that Vick was indicted, has been good for business.

Traffic is up, and requests for radio are at a high level for what was supposed to be the last slow week of the offseason.

So we need to pause for a moment and thank the folks who allowed us to pollute their airwaves this week, including old friends and new at stations and networks like Sporting News Radio, Sirius NFL Radio, WIP in Philly, 1530 the Homer in Cincinnati, WGR in Buffalo, WFNZ in Charlotte, Big Sports 590 in Omaha, The Terry Bowden & Brady Ackerman Show, WBAL in Baltimore, WJFK in D.C., Sports Radio 950 in Philly, and others.

With all that said, we'd prefer to not be covering this story at all.  We'd prefer that Mike Vick would have had the wisdom and the foresight to avoid any and all illegal activities.  We hope that all current and future NFL players will learn from this so that, in the future, we can focus on football.

Until that happens, however, we've got to talk about the Vick case and any other situation involving actual or alleged violations of the law.


POSTED 1:39 p.m. EDT, July 21, 2007

VICK COULD OWE FALCONS MORE THAN $20 MILLION

In an era in which more and more players are receiving contracts with guaranteed payments in excess of $20 million, Mike Vick could eventually owe the Atlanta Falcons more than $20 million if/when he ever misses without team consent a practice or a game due to his pending legal problems, and the aftermath thereof.

Under the Vick contract, the team's ability to recover signing bonus money is tied to a "default" by Vick.  A "default" arises if he fails to show up for any mandatory activity.

The fact that Vick will be in court on the first day of mandatory training camp practice means that, as of July 26, he will be in default.  Unless the team gives permission to Vick to miss the session in writing.

We've examined the bonus/default language that the Falcons used in most if not all contracts before the 2006 revision to the CBA, and it's clear to us that Vick's failure to be at practice on July 26 will constitute a default, and that it will trigger the team's ability to recover a sum equal to the total bonus money paid multiplied by the number of regular-season games remaining under the contract, divided by the total regular-season games covered by the contract.

And that's exactly how it's spelled out in the pre-2006 Falcons contracts:  "FORFEITED BONUS = TOTAL BONUS x REMAINING REGULAR SEASON GAMES OF CONTRACT/TOTAL REGULAR SEASON GAMES OF CONTRACT."

With that said, the determination of the "TOTAL BONUS" is subject to dispute.  The $7.5 million signing bonus that Vick received is clearly part of the potential recovery.  Another $29.5 million was paid in the form of two roster bonuses that were converted to guaranteed payments at the team's option.   

As ESPN.com points out, option bonus money cannot be recovered, due to the Ashley Lelie ruling from earlier this year.  However, we disagree with ESPN.com's suggestion that the Ashley Lelie decision also applies to roster bonuses.  Based on our discussions with a source having knowledge of the Lelie case and the Vick contract, a prorated portion of the $29.5 million Vick received in the form of roster bonuses that were converted at the team's option to guaranteed payments can be pursued, the Lelie case notwithstanding.

So it appears that, in the Falcons' contract formula, the "TOTAL BONUS" will be $37.5 million.  Because the contract was signed with two regular-season games remaining in the 2004 season and runs through 2013, the equation would be $37.5 million times 112 remaining regular-season games, divided by 146 total regular-season games covered by the deal.

That works out to $28.76 million that the Falcons could recover, if the Falcons so choose.

But there's a catch.  In order to preserve their right to the money, the Falcons need to move quickly once Vick commits a default.

Under the CBA, teams must file non-injury grievances aimed at recovering bonus money within 45 after the event triggering the right to recover.

The practical question is whether the Falcons would have to file a grievance within 45 days after the first missed practice, or whether the team could wait until Vick misses a practice or a game due to a suspension, or due to a conviction.

The longer that the team waits to declare a default, the lower the potential recovery.  With each passing regular-season game, the formula set forth above will yield a lower number.

And there's another angle that the Falcons should consider.  Though common-sense suggests that a player can be in default on multiple occasions, the language of the contract will control the analysis of the situation.  In this case, the language that the Falcons have utilized regarding bonus forfeitures speaks in terms of being "in" default, not of committing "a" default.  So once the player is in default, the Falcons arguably are required to file a grievance within 45 days, or forever waive the fact that the player is in default, even if he later defaults via a suspension or incarceration.

Assuming that the Falcons aren't yet prepared to seek a refund of more than $28 million from Vick, the team's safest course would be to give Vick written consent to miss the July 26 practice, since this would preserve the team's ability to seek repayment later.

Similarly, a leave of absence for a year would defer any potential default.  If, come 2008, Vick is unavailable to attend a mandatory event because he has been suspended or is in jail, the team could still recover up to $24.33 million in bonus money.

Whether the Falcons can recover the money and whether they choose to try are two different issues.  But in light of reports that the management council spent much of Wednesday studying the deal, there's only one reason for doing it -- to determine how much money Vick might be forced to refund, if/when it ever gets to that point.


POSTED 12:43 p.m. EDT, July 21, 2007

VICK COULD BE URGED TO ACCEPT A LEAVE

On Friday,our own MDS criticized ESPN for offering up both-sides-of-the-fence predictions from Chris Mortensen and Len Pasquarelli regarding the fate of Michael Vick.  Mortensen said on Friday that Vick is likely to take a leave of absence.  Pasquarelli said, if healthy, there's a good chance that Vick will play all of the 2007 season.

Later in the day, ESPN.com published an unusual item jointly authored by Mortensen and Pasquarelli, and it appears to be an effort to try to get the two guys on the same page.

In their report, Mort and Len report that Vick could be urged to take a leave of absence.

The option has not yet been communicated to Vick, per the report.  If it is, the team will want Vick to make a decision fairly quickly, presumably so that the Falcons could then pursue a replacement.  We've previously reported that the Falcons are interested in free-agent Daunte Culpepper, but that the team is reluctant to pursue him with the Vick situation unsettled.

Vick's agreement to any such approach is critical.  Under the Collective Bargaining Agreement that controls the relationship between the league and the players union, a team is no longer permitted to tell a player to stay home with pay.  After the Terrell Owens situation in late 2005, the NFLPA inserted language (which the NFL didn't notice at the time) preventing a situation in which a team can impose a paid leave of absence.  So, unless Mike Vick is on board with it, the Falcons could be facing a grievance if the team tries to pay him not to work.

It's currently unclear whether any leave of absence would be paid or unpaid.  Under the CBA, a team may only suspend a player without pay for up to four games for conduct detrimental to the team.  Thus, the team would have no power to impose an unpaid leave of absence for the entire season.

Beyond that, whether and to what extent Vick is paid will be a topic for negotiation.  The ESPN.com report states that the NFLPA is hoping that the Falcons will agree to pay to Vick his $6 million salary.  From the perspective of the team and the league, it might be money well spent; the NFL and the Falcons easily could spend $6 million on security enhancements and other expenses arising from keeping Vick on the team for the season.

But the notion of Vick getting $6 million to not play football could prompt criticism of all involved parties from the media and from fans.  Some (including, perhaps, us) might argue that the Falcons are essentially funding Vick's legal defense, and more.

The right thing to do, we believe, would be for Vick to voluntarily reduce his $6 million salary to the league minimum, and to then push the difference into his pay for 2008.  One possibility would be to convert the $5 million-plus that he sacrifices now into a roster bonus that would be due on the first day of the 2008 league year.  This would force the Falcons to either pay the money or sever ties with Vick by March 1 of next year. 

And it would also defuse the perception that he is getting money for nothing while preparing to face federal conspiracy charges.


 

 

POSTED 11:52 p.m. EDT, July 20, 2007

DICK'S DUMPING VICKS?

We've received several uncorroborated reports from readers that Dick's Sporting Goods (which has yet to be purchased by the folks who own Pink Taco Restaurants) have pulled from its more than 250 stores any and all products bearing the name and likeness of Mike Vick.

If true, it's simply the latest step in the Imus-style momentum that has been building in the days since Vick was indicted on federal conspiracy charges.

We predict that, by Monday, the situation will be worse, not better.

POSTED 9:59 p.m. EDT, July 20, 2007

VICK HAD MUG SHOTS, FINGERPRINTS TAKEN by Michael David Smith

The Smoking Gun is reporting that Falcons quarterback Michael Vick appeared Thursday afternoon at a Virginia courthouse to have his mug shot and fingerprints taken by U.S. Marshals.

Per The Smoking Gun, Vick was able to get in and out of the marshals office in the U.S. District Court in Richmond without anyone noticing him, and that's where U.S. Marshals photographed him, fingerprinted him, and formally served him with a criminal summons.

The report says that in addition to posing for mug shots, Vick had to have all of his tattoos photographed by a marshal.

A court filing today reported that the criminal summons in the case of United States of America v. Michael Vick was "served personally upon the Defendant" by Deputy U.S. Marshal S.R. Saylor. The summons tells Vick he is to appear before The Honorable Henry E. Hudson, United States District Judge, on July 26 at 4:00 p.m.

[UPDATE:  The practical consequence of this report is that the "days without an arrest counter" can now be re-set, with July 19 as the new zero hour.  For at least a day or two, unless someone else gets pinched.]


POSTED 4:29 p.m. EDT, July 20, 2007

NFL ON PETA: "WE AGREE WITH THEM" by Michael David Smith

Hours after People for the Ethical Treatment of Animals staged a protest outside National Football League offices in New York City, the NFL released a statement in which it said it agreed with what the protesters had to say.

"We agree with them that dog fighting is cruel, degrading and illegal," the statement read. "The alleged activities are very disturbing and we are extremely disappointed that Michael Vick has put himself in this position."

If the NFL has already concluded that Vick has put himself in the position he's in -- and not that his family put him in this position, or that overzealous federal authorities put him in this position, or anything else that Vick's few remaining defenders have suggested -- then why does the league need to wait to decide whether to suspend him?

After Vick was indicted Tuesday, the NFL released a statement saying, in part, "Michael Vick's guilt has not yet been proven, and we believe that all concerned should allow the legal process to determine the facts."  But the NFL has apparently already determined that it was Vick who put himself in the position he's now in, which means that whether he's ultimately convicted in a court of law or not, he has done something that has damaged his employer's reputation, and his employer would be justified in disciplining him as a result.

Meanwhile, ESPN's Kelly Naqi reports that after PETA announced it would protest at the Falcons' training camp, the NFL said it will have increased security there.


POSTED 3:09 p.m. EDT, July 20, 2007

VICK BLAMED HIS FAMILY AGAIN LAST WEEK  by Michael David Smith

In a video on FoxSports.com, NFL reporter Jay Glazer recounts a discussion he had with Falcons quarterback Michael Vick when the two ran into each other in Las Vegas last week.  According to Glazer, Vick blamed his family for the dog fighting investigation that led to Vick's indictment this week.

"He told me he was not going to get indicted, his family members, they are the ones really the target here," Glazer says of his conversation with Vick.  "He said, 'I'm telling you, I'm not going to get indicted.'"

For Vick to say that his family was at fault indicates that he knew dog fighting was going on at the Virginia property.  And the fact that the cousin who lived there, Davon Boddie, was not indicted is a good indication that Boddie has flipped on Vick and is one of the cooperating witnesses listed in the indictment.

As for Glazer, he says he tried to explain to Vick that when the government launches a massive criminal investigation, the owner of the property where the criminal activity occurred generally doesn't get off unscathed. 

"I told him point blank:  'Mike, you're crazy,'" Glazer said.

Glazer also reports that Vick told NFL Commissioner Roger Goodell in April that he had nothing to do with dog fighting.  And Glazer says that if Vick is suspended, released, or placed on leave, his teammates won't necessarily be disappointed.  Glazer says there's growing frustration within the team that Vick doesn't conduct himself in a professional manner, and that he hasn't been willing to do the necessary work to become the kind of player his teammates want him to be.


POSTED 1:34 p.m. EDT, July 20, 2007

ESPN TRIES TO HAVE IT BOTH WAYS ON VICK  by Michael David Smith

Say this for ESPN's coverage of the Michael Vick case:  They've got every angle covered.

More than two hours after Chris Mortensen appeared on ESPN First Take to say that Vick was likely to take a leave of absence while he deals with federal conspiracy charges, Len Pasquarelli showed up on ESPNews to say that as long as he's healthy, there's a good chance that Vick will play all of 2007.

"I think there is an opportunity for Michael Vick, barring injury, to play through this entire season," Pasquarelli said. "Now, it's going to be a distraction, obviously, on the field and off the field, but I think he will have the opportunity to play this entire season."

Pasquarelli's appearance may have been taped before the Mortensen report aired, but it's hard to avoid the feeling that ESPN is airing every possible scenario and just hoping it turns out to get one of them right.

ESPN has done some excellent reporting on the Vick case.  Kelly Naqi has been on top of the story from Day 1 [Editor's note:  It was actually more like Day 30, but who's counting?], and legal analyst Lester Munson does outstanding work.  But as for some of the Worldwide Leader's other reporters, you could get whiplash trying to follow their ever-changing "scoops."


VICK JERSEY FIRE SALE  by Michael David Smith

After Falcons quarterback Michael Vick was indicted this week, animal-rights groups began calling on Nike and other companies that have contracts with Vick to dump him.  Nike initially said it would let Vick have his day in court, but quickly shifted gears and announced it would not release its new Vick shoe as scheduled.

Now, athletic apparel store Eastbay appears to be trying to dump its Vick merchandise as quickly as possible.  Eastbay is slashing prices on all its Vick jerseys, with replica jerseys that had gone for $74.99 now selling for $29.99, premier jerseys that had gone for $99.99 now selling for $49.99, and authentic jerseys that had gone for $259.99 now selling for $119.99.

Eastbay doesn't explain anywhere on its site why the Vick jerseys are on sale, but it's not some type of general sale on Falcons jerseys; the prices of Warrick Dunn jerseys haven't dropped at all.  Eastbay must figure there's going to be mounting pressure on companies to stop selling Vick merchandise altogether, and it would rather get rid of its Vick jerseys while they're still worth at least a few bucks.

Meanwhile, if you click on the Falcons jerseys tab at NFLShop.com, the most prominently displayed jersey is a No. 98 Jamaal Anderson jersey.  The NFL still sells Vick jerseys, but the league now apparently considers Vick less marketable than a rookie defensive lineman.


POSTED 10:56 a.m. EDT, July 20, 2007

MOMENTUM GROWING FOR VICK LEAVE OF ABSENCE  by Michael David Smith

Chris Mortensen reported on ESPN First Take this morning that there is an increased feeling in league circles that everyone would be better off if Falcons quarterback Michael Vick took a leave of absence, rather than play for the Falcons while he faces charges that he was involved in a dog fighting ring.

As we've previously noted, a leave of absence would allow Vick to focus on his legal defense, allow the Falcons to avoid the media circus of having Vick at training camp, and allow the league to get Vick out of its hair without having to take any official action under the Personal Conduct Policy.

Mortensen reported that there is a "fairly urgent collaborative effort that involves the NFL, the NFL Players Association and of course the Atlanta Falcons that Michael Vick could be urged to take a voluntary leave of absence."

A number of questions would have to be answered about whether a leave of absence is what Falcons owner Arthur Blank wants, whether Vick would accept such a move, and whether the union would raise any objections. But with training camp set to open in less than a week, all parties need to make a decision soon.


POSTED 10:31 a.m. EDT, July 20, 2007

PETA PICKETS NFL OFFICES by Michael David Smith

Members of People for the Ethical Treatment of Animals are protesting outside the National Football League offices on Park Avenue in New York City today, demanding that commissioner Roger Goodell suspend Falcons quarterback Michael Vick.

PETA spokesman Dan Shannon talked to ESPN reporter Kelly Naqi, saying, "You can look at commissioner Goodell's history with players like Tank Johnson and Pacman Jones and see he hasn't shied away form handing down suspensions or penalties for guys who are just alleged to be involved in off-field activities.  We think that the strength of the indictment against him, the 18 pages of charges that go into graphic detail, the four witnesses who are willing to take the stand against him, It all adds up to . . . a pretty damning case against him.  We think that's enough for the NFL to go on."

When Naqi asked whether Vick should get a break because he's a first-time offender, Shannon noted that the indictment suggests Vick has been involved in multiple acts of dog fighting and cruelty to animals spanning several years, adding, "there's nothing first time about that."

Shannon also said PETA doesn't see today's protest as a one-time event, and that the organization will demonstrate outside Falcons training camp next week.  If Falcons owner Arthur Blank wants to know how big a thorn in his side PETA could become, he should talk to someone in the fur industry.  PETA could make the Falcons' training camp a very unpleasant place.


POSTED 9:15 a.m. EDT, July 20, 2007

REAL MEDIA CONTINUE TO CONFLATE 'NEVER' WITH 'RARELY'  by Michael David Smith

The only time Falcons quarterback Michael Vick spoke publicly about the evidence of dog fighting that has been found on his Virginia property, he said, "I'm never there."

But as we've mentioned before in this space, the folks in the "real" media have an odd habit of changing the word "never" to "rarely."  And after Vick was indicted this week, there were abundant examples of newspapers, TV stations, wire services and other news outlets saying that Vick said he "rarely" visits the property.

Why do reporters persist in misreporting Vick's words?  It's hard to understand how a statement as clear and simple as "I'm never there" can be misquoted so often, by so many members of the media.

In case the distinction isn't obvious, this matters because if even one credible witness says he saw Vick at the property -- or if any physical evidence can show Vick visited the property -- that would demonstrate that Vick lied when he said, "I'm never there."

By suggesting that Vick said he's "rarely" there, the real media give Vick cover that he doesn't deserve.


POSTED 7:55 a.m. EDT; UPDATED 8:14 a.m. EDT, July 20, 2007

VIRGINIA COULD INDICT AS SOON AS SEPTEMBER

The Atlanta Journal-Constitution reports that authorities in Virginia will be pursuing charges against Falcons quarterback Mike Vick, possibly as soon as September.

The short-term impact of this report is that charges against Vick most likely won't emerge from a Surry County grand jury that convenes on July 24.

The reality that prosecutor Gerald Poindexter likely faces is that he simply doesn't have the evidence to proceed with an indictment, given that his investigation went essentially into limbo once the feds arrived on the scene unannounced in early June.

Poindexter's comments to the AJC indicate that he plans to rely on the evidence developed by federal investigators.  However, as we suggested on Thursday, the feds might be reluctant to share anything with Poindexter, who has proven to be far too talkative -- and unpredictable to the point of erratic -- in his handling of the case to date.

Our guess is that the feds won't give anything to Poindexter absent strong assurances that he won't compromise their investigation and prosecution.  Even then, we're not so sure they will trust him.

As a result, Poindexter might be forced to wait until the federal prosecution is concluded before acting against Vick.

Meanwhile, Poindexter is fishing for a little sympathy.

"I've never been in so much stress in my life," Poindexter said.  "I receive hate mail.  People tell me they wish I was dead.  They say, 'Why did you let him fight dogs or mistreat dogs out there?'  Well, we didn't have any evidence they were fighting or mistreating dogs."

Um, hello?  There was a treasure trove of circumstantial evidence that dog fighting was occurring and, but for Poindexter's refusal to act on a second search warrant, his investigators would have been the first ones to dig up the dead dogs.

Our biggest advice to Mr. Poindexter is this:  QUIT TALKING.  Nothing good will come from talking about the case.  Do your investigation, present your evidence to the grand jury when it's ready, and proceed.   


POSTED 9:56 p.m. EDT, July 19, 2007

BYRD GOES OFF ON DOG FIGHTING

Regardless of anyone's personal politics, Senator Robert Byrd (D-W. Va.) is an American institution.  He is serving his ninth six-year term in the U.S. Senate.  Sure, there was that whole Ku Klux Klan thing (and, by the way, they hate Italian-Catholics, too), but there's something to be said for a guy that smart and that talented dedicating his life to public service, especially since he could have made much, much more money in private industry.

And even though his body is failing a bit after 89 years, his mind is as sharp as ever.

We're mentioning Senator Byrd for the first time in this space because the current Mike Vick dog-fighting controversy prompted an animated and angry response from the Senior Senator from the State of West Virginia (and the other 49) on Thursday afternoon.

Shouting and pumping his fist, Byrd exclaimed:  "Barbaric!  Let that word resounding from hill to hill, and from mountain to mountain, and valley to valley across the broad land.  Barbaric!  Barbaric!  May God help those poor souls who'd be so cruel.  Barbaric!  Hear me!  Barbaric!"

A portion of the video of Byrd's speech is right here


POSTED 5:12 p.m. EDT; UPDATED 6:09 p.m. EDT, July 19, 2007

NFL IS TOLD THAT STATE CHARGES ARE LIKELY

Okay, we realize that we're potentially walking into a Mort-type trap on this one, if in the end the charges mentioned below don't come to pass.  But, if that happens, we'll acknowledge that our source was wrong, and thus that the report was wrong, too.

With that said, a source with knowledge of the situation tells us that the National Football League has been advised by authorities in Virginia that additional charges against Falcons quarterback Mike Vick are likely.

Per the source, the Virginia officials can't get beyond the allegation that Vick was involved in the killing of dogs that were not deemed willing or able to fight.

It's not clear whether Vick will be charged with dog fighting or with cruelty to animals, or both.  The current federal indictment speaks only to the crime of conspiracy to violate federal laws relating to interstate gambling enterprises and interstate dog-fighting operations.

It's also not clear whether the information has come directly from Surry County prosecutor Gerald Poindexter, or from other law-enforcement officials in Virginia.

[UPDATE:  To be more clear, the NFL was advised of the likelihood of the state-level charges by the Falcons.  It's unclear how the Falcons have become aware of this development.]


POSTED 4:53 p.m. EDT, July 19, 2007

FALCONS SAY SOMETHING, BUT NOTHING

In an open letter to Falcons fans (apparently, he has nothing to say to fans of the 31 other NFL franchises), owner Arthur Blank addresses the indictment of Mike Vick on federal conspiracy charges.  Here's the text of the letter.

Though Blank's letter really doesn't say anything, we get the impression that it accurately reflects his current feelings on the matter, and that Blank really is torn and conflicted by the firestorm engulfing his franchise.

We still believe that the team should put Vick a paid leave of absence, allowing him to focus on defending against the pending charges. 

[UPDATE:  As several readers have pointed out, Blank's letter contains a typo -- "Pleased be assured."  Though we can't throe stoens when it comez to typos, we tend to read the important stuff a bit more closely.]


POSTED 4:04 p.m. EDT, July 19, 2007

FALCONS TO MAKE VICK STATEMENT ON THURSDAY AFTERNOON

WSB-TV reports that the Atlanta Falcons will make a statement on Thursday afternoon regarding embattled quarterback Mike Vick, who was indicted Tuesday on federal conspiracy charges relating to gambling and dog fighting.

On Tuesday night, the Falcons issued a statement that was (in our view) non-committal.  We have suggested that Vick be placed on a paid leave of absence pending the resolution of the current charges.

More to come.


POSTED 3:55 p.m. EDT, July 19, 2007

NIKE DROPS THE FIRST SHOE ON VICK

After nearly 48 hours of hemming and hawing, one of the companies that pays Falcons quarterback Mike Vick a lot of money has taken action in response to Vick's indictment on federal conspiracy charges.  The AP reports that Nike has decided to suspend the release of the latest product line named for Vick.

Retailers have been told that the Nike Air Zoom Vick V will not be distributed.  Other Vick-related Nike products will remain in stores.

We've previously reported that Nike is expected not to abruptly dump Vick, but to eventually part ties with him in a move that will appear to be somewhat mutual.

Oh, and the story is already front-page news on the website owned and operated by the NFL.


POSTED 11:29 a.m. EDT; UPDATED 11:41 a.m. EDT, July 19, 2007

FALCONS PONDERING PURSUIT OF 'PEPPER

A league source tells us that the Atlanta Falcons are pondering the possibility of pursuing free-agent quarterback Daunte Culpepper.

The problem, however, is that the team does not want to create the perception that it believes that Vick's mental state, given the pending legal brouhaha, will not allow him to perform effectively in 2007.

For now, then, a final decision has not been made.  As we see it, Culpepper likely will sign with someone else before the Falcons are in a position to make a move.

Also, the worst-case scenario for the Falcons would be to make a push for Culpepper, and then not get him, since it would in the same overall motion represent a concession that the franchise needs help at the position, and a failure to secure it.  For that reason alone, the far safer course is to not even being the process of courting him.


WHAT WOULD COACH KEVLAR DO?

As the Falcons fret about the future of quarterback Mike Vick, we can only wonder whether Mike Shanahan would, if in the same situation, strap Vick to the lie-detector machine.

In May, the Broncos coach admitted that he administered a polygraph test to receiver David Kircus, who supposedly raised the idea after being charged with beating the snot (and other fluids) out of a guy who was hosting a party that Kircus attended.

The Vick case demonstrates the problems that arise from employers using such devices to assist in investigations.  The fact that the Broncos used it without consequence might make some fans believe that the Falcons should do the same thing.  The fact that Vick hasn't raised the possibility of taking a lie-detector test might prompt some fans to conclude that Vick must be concerned about his ability to pass it.

And that's why the NFL should have publicly taken a brand-new belt to Coach Kevlar's backside.  If/when the "real" media points out the contrasts between Kircus and Vick, the tide of public opinion could turn even more sharply against Vick.

If that happens, it would be wrong.  Whether or not a person submits to or passes a lie-detector test is irrelevant to whether the person is legally guilty.  But the NFL can thank Mike Shanahan for creating the false impression that such an approach is acceptable, especially where the person accused of wrongdoing insists on strapping himself to the machine.


POSTED 11:01 a.m. EDT, July 19, 2007

NEWS FLASH:  VICK TELLS BLANK HE'S SORRY

Len Pasquarelli of ESPN.com reports that Falcons quarterback Mike Vick has told owner Arthur Blank that he's sorry for the distractions that his federal indictment has created.

Um, what else would Vick say to Blank?  Go to hell?  Kiss my butt?

Okay, so Mike is sorry.  Sorry for what?  That he did it?  That he got caught?  That he's being falsely accused?

Does any of it mean he's guilty or innocent?  Nope.

As we see it, it's just another way for Len to try, in subtle fashion, to generate some sympathy for the star client of Joel Segal, who is widely regarded in the NFL journalism industry as one of Len's key sources of information. 

We also suspect that Len has been posturing his reports to make the Falcons look good because someone in the building (possibly G.M. Rick McKay) spoon-feeds info to Pasquarelli.

Meanwhile, the more we think about this, the more we believe that doing nothing is not a realistic option for the league or the Falcons.  This is not a run-of-the-mill marijuana possession case.  Nor is it a he-said, she-said in which Vick's version of the events can be accepted until proven otherwise.

This is a situation in which 17 dead dogs, 54 live ones, and extensive dog fighting equipment and pharmaceuticals were removed from property OWNED BY Michael Vick.  Though the Falcons and the NFL might not be privy to the full scope of the information (and, given that the team was under the false impression that Vick wouldn't be indicted, it might be prudent to get new sources), the indictment makes clear that Vick's "I'm never there" routine is and was a flat-out lie.

The only way that Vick's "I'm never there" line has any credence is if the four cooperating witnesses committed perjury before the grand jury, or if the feds are fabricating the allegations without regard to the fact that, at trial, they'll be publicly embarrassed when the truth comes out.

The feds simply don't operate that way.  They wouldn't allege that Vick was directly involved (and, thus, at and on the property) if they weren't sure that they could prove it in open court.

So everyone -- media, fans, Falcons, NFL, everyone -- needs to lose the Duke lacrosse paralysis and apply some common sense.  Whether or not he is acquitted, Vick has (through intentional misbehavior or otherwise) single-handedly done more damage to the NFL shield than any of the other players who have been arrested or suspended since at least Rae Carruth, and perhaps ever.  Vick is the biggest name in the NFL to face criminal charges while still in the league, and these are some of the most heinous and despicable charges that anyone could face, short of rape or murder.

Here's another thing that is bothering us.  If Vick were on the practice squad, would we even be having the discussion about what the league should do?  Vick would be long gone and forgotten, like alleged Steelers pimp Richard Seigler and every other bottom-roster turd that was dumped at the first hint of trouble.

And what if any of us had just been indicted in federal court for conspiracy to maintain an interstate gambling enterprise and dog fighting operation, with allegations that 17 dog carcasses had been found on property we owned, and that we participated in killing eight of them?  Would we be sitting cozy in our cubicles today?     

Mike Vick is clearly getting the star treatment here from the NFL and the Falcons.  And it's wrong.  The irony is that, given his performances of late on the football field, he's really not a star anymore. 


POSTED 8:31 a.m. EDT, July 19, 2007

POINDEXTER GETTING IN ON THE ACT?

As we suggested on Wednesday, the federal conspiracy charges against Mike Vick could be the tip of the legal iceberg into which his NFL career (and liberty) have rammed.

The Virginian-Pilot reports that Surry County, Virginia prosecutor Gerald Poindexter has now said that Vick will "more than likely" be prosecuted by local officials.

"[W]e're very moved by the idea of animals being executed,” Poindexter said, which is a refernce to allegations in the federal indictment that Vick was involved in the killing of canines as recently as April 2007. 

Meanwhile, there are some unfortunate racial tensions emerging in Surry County.  John Seward, the chairman of the Surry County Board of Supervisors, told the Virginia-Pilot that he and "the few people I have talked with" believe Vick will never face charges in Surry County.  Seward claims that Poindexter, who is African-American, has been reluctant in the past to prosecute black suspects.

"I don't know where Mr. Seward is coming from, and I am very disappointed in his remarks," Poindexter said.

Frankly, we believe that Poindexter had been dragging his feet because he knew that prosecuting Vick would require this 60-something part-time prosecutor to devote most if not all of his professional time and attention over a one-year period (or longer) to one case and one case only.  And with an O.J.-style dream team descending on town and flooding Poindexter with motions and letters and faxes and e-mails, it would have been a very unpleasant experience for a lawyer who otherwise is at or approaching retirement age.

Now that Vick's resources will be consumed by the federal prosecution, Poindexter might think that a local prosecution will be easier to engineer and execute.

As a result, Vick could be indicted as soon as next week by a Surry County grand jury on charges of dog fighting and animal cruelty.  To do so, however, Poindexter will need access to much of the federal evidence, since Poindexter refused to execute on a search warrant that would have unearthed the dead dogs, and thereafter seemingly pulled the plug on his investigation after the feds were on the case.

But if/when Poindexter asks the feds to cooperate, the answer he might get is "hell no."  Poindexter has a bad habit of running his mouth to the press, as evidenced by the fact that he felt compelled to proclaim on Wednesday that Vick is "more than likely" to face charges in Surry County.  If Poindexter gets access to the evidence, he can significantly undermine the federal prosecution by leaking some of it to the press.

Then again, the feds surely would like to see Vick prosecuted for cruelty to animals under Virginia law, if (as we can assume based on the plain language of the indictment) the feds believe that Vick participated in the killing of dogs deemed not "game" enough to fight.  The feds have no jurisdiction over such matters, and Vick could be facing at least eight counts that carry a potential sentence of one to five years each.

Still, the feds might choose to freeze Poindexter out until after the conspiracy charges are resolved, forcing Poindexter to monitor the federal prosecution (and attend the trial) in order to evaluate the evidence that is available regarding the dead dogs, and how it is that they came to be in that condition.


POSTED 10:16 p.m. EDT; LAST UPDATED 11:46 p.m. EDT, July 18, 2007

DON'T FORGET ABOUT THE IRS ANGLE

Several readers have pointed out to us an important aspect to the entire Mike Vick investigation and prosecution.

If Vick was gambling, and winning, thousands of dollars, Vick likely wasn't declaring his dog fighting booty as income.  And, thus, Vick would not have paid all of his applicable taxes.  Which, in turn, would make him potentially responsible for tax evasion.

All money earned through any endeavor, legal or illegal, constitutes income.  Several years ago, some NBA officials got in trouble for downgrading first-class airline tickets, pocketing the difference, and not reporting it as income.

Earlier this decade, former Vikings coach Mike "Meathead" Tice 'fessed up to scalping Super Bowl tickets.  Though he never was prosecuted for tax evasion, it's our understanding that Tice was smart enough to make good with the IRS immediately.

For Vick, the mere act of making good with the IRS would constitute an admission to involvement in dog fighting.  But failing to come clean and pay the tax man could only make the hole that he has dug for himself even deeper.


POSTED 7:54 p.m. EDT, July 18, 2007

NO SUSPENSION FOR VICK, FOR NOW

Adam Schefter of NFL Network reports that the league held a "round of high-level meetings" on Wednesday to discuss the Mike Vick situation, and the manner in which the matter should be handled.  Schefter says that, for now, the plan is not to suspend Vick.

But Schefter points out that, given the volatile nature of the case, anything is possible.

Meanwhile, the league will continue to gather more evidence, in order to ensure that it doesn't react to the Vick situation in the same premature manner that Duke responded to the rape charges lodged against multiple lacrosse players in early 2006.

But we're already sick of hearing about comparisons between Duke and Vick.  In the Duke case, the charges arose from a one-time incident and an inherent he-said, she-said, with ultimately no physical evidence to corroborate the allegations.  In the present case, 17 dog carcasses were exhumed from Vick's property, and a federal grand jury found that there is enough evidence to prove that Vick was involved with the five-year operation headquartered on the land that he owns.

Thus, we're confident that, once the NFL and/or the Falcons fully understand the scope and the extent of the evidence against Mike Vick, action will be taken.


POSTED 7:13 p.m. EDT, July 18, 2007

COULD GOODELL, BLANK BE ON PROSECUTION'S WITNESS LIST?

A rare original thought just occurred to us.

If the case of the United States of America v. Michael Vick goes to trial, Mike Vick can't be compelled to testify.  Under the Fifth Amendment to the U.S. Constitution, a person is not required to give evidence that might incriminate himself.

But the things that Vick has said outside of court can be used against him.  (Before anyone floods our e-mail box with messages arguing that such comments would be hearsay, keep in mind that the hearsay rule doesn't apply to statements of a party to litigation that are used against that party.)  The only thing that Vick has said publicly is that he never goes to the Surry County property where he allegedly participated in the killing of eight dogs in April 2007. 

Privately, we know that he met with Commissioner Roger Goodell in late April, and presumably denied any involvement in the activities that were occurring at his property.  Vick also likely has discussed the situation with owner Arthur Blank and other members of franchise management.

So, presumably, the feds will interview these folks to find out what they recall Vick saying and, if Vick said anything that can be easily contradicted with objective evidence, one or more of them could be called to testify at trial.

We're not suggesting that it definitely will happen.  But it could happen.  Especially since the universe of things that Vick has said on the topic is fairly limited.


POSTED 4:48 p.m. EDT; UPDATED 4:59 p.m. EDT, July 18, 2007

BLANK SHOULD GIVE VICK A LEAVE OF ABSENCE, FIRE McKAY

After thinking through all of the issues relating to Mike Vick's tenuous NFL career and his status with the team, we believe that Falcons owner Arthur Blank should place Vick on a paid leave of absence, immediately.

Technically, NFL teams aren't allowed to pay a player to stay away, thanks to the 2006 amendments to the CBA, which were aimed at preventing a team like the Eagles from sending home a player like Terrell Owens.  (But if Vick were to fight the move with a non-injury grievance, then Blank should simply cut him.)

A paid leave of absence strikes, in our view, an acceptable balance between supporting Vick and taking action in the wake of the federal indictment.  It also removes a huge distraction for the Falcons as they prepare to embark on the first season of the Bobby Petrino era.

From the NFL's perspective, a leave of absence gives Commissioner Roger Goodell a reprieve, allowing any action under the Personal Conduct Policy to be delayed until after the prosecution is concluded.

Then, after Blank puts Vick on a paid leave of absence, Blank should fire G.M. Rich McKay.

As we explained back in May, McKay has been keeping a low profile through this entire ordeal.  Wisely.  Though neither Blank nor McKay were with the organization when Vick was drafted, McKay was there when Vick got his $130 million contract with the $37 million signing bonus.

From a purely football standpoint, Blank never should have done it, and one of McKay's jobs is to protect the owner from making a stoopid decision.  In this regard, McKay failed.  Miserably.

McKay also approved trading quarterback Matt Schaub earlier this year, before the dog yard was uncovered in Surry County but after the water bottle incident that caused the eyebrows attached to all heads filled with a brain that "gets it" to rise.  In hindsight, it was a bad, bad move.  

As we see it, it's time for the owner to start holding folks accountable, and the process starts with Vick and ends with McKay. 

As a practical matter, neither guy will be fired before the end of 2007.  However, getting rid of them should be among Blank's first items for business in 2008.


LEAGUE WILL SURELY TAKE AIM AT THE BAHA MEN

We've heard plenty of folks suggest over the past 24 hours that the song "Who Let The Dogs Out?" will be a popular sound in every stadium outside of Atlanta that the Falcons visit this year.

But does anyone really think the league will allow this?  Surely, a memo will be circulated to all teams advising them that the song should not be played at any stadium this year.

Of course, that won't stop fans from chanting it on their own.


POSTED 12:43 p.m. EDT, July 18, 2007

VICK SUMMONS COMING TODAY?

The Atlanta Journal-Constitution reports that a summons in the Mike Vick prosecution could be issued as early as Wednesday afternoon.

Vick's first decision in the case will be whether to turn himself in voluntarily, or whether to force an arrest.  Either way, he'll be booked, fingerprinted, and a mug shot will be taken.

After that, bail will be set, and Vick (after paying it) will be released.

And, next week, he reports for training camp.  But we have a growing feeling that, when camp opens, he won't be there.


POSTED 11:34 a.m. EDT, July 18, 2007

WHERE'S BODDIE?

Several readers and media types have raised with us a compelling question regarding the Mike Vick indictment.

Why wasn't Davon Boddie, Vick's cousin who lived on the property, named in the indictment?

Really, how could Boddie have been living at the property and not involved in the operation, especially since the house was built for the sole purpose of supporting the dog-fighting operation?

In June, Boddie told WAVY-TV that he had no knowledge of dog fighting on the property where he lived, and he suggested that the dogs removed from the land in April had been planted there by law enforcement officials.

The most obvious conclusion is that Boddie already has been flipped by prosecutors, and that Boddie is singing like a bird that wants a cracker (or whatever in the hell it is that birds eat). 

Indeed, there are four "cooperating witnesses" who are named in the indictment, and who likely testified before the grand jury.  They provided exhaustive details, like the names of the dogs and the specific purses for the fights. 

Boddie could be one of them.  If he is, we hope that he's in a safe house right now, far from the influence or reach of any of the four guys who were named in the indictment.

Another "cooperating witness" could be the woman whom Vick allegedly gave herpes in 2003.  (We're kidding.  We think.)   


POSTED 9:50 a.m. EDT; LAST UPDATED 11:07 a.m. EDT, July 18, 2007

CONSPIRACY INDICTMENT COULD BE TIP OF ICEBERG

One thing that has gotten lost in the shuffle during the initial reaction to the surprising news that Mike Vick has been indicted by a federal grand jury is that he has only been indicted for now on conspiracy charges.

Conspiracy is a separate and distinct crime.  Vick can still be charged with the underlying crimes.  Under the federal gambling statute mentioned in the conspiracy indictment, Vick's penalty is up to 20 years.

Then there is the federal RICO law, which was devised in part to assist in the dismantling of the Mafia.  The RICO law directly targets ongoing gambling operations, and the facts set forth in the indictment could easily satisfy the requirements of a RICO claim.  Under Title 18, Section 1963 of the U.S. Code, the penalty is up to 20 years in jail.

And don't forget about the possibility of a state-level prosecution.  Though most observers assume that Surry County prosecutor Gerald Poindexter has abandoned the investigation, the federal indictment could prompt Poindexter to explore animal cruelty charges, given the allegation that Vick participated in the killing of approximately eight dogs in April 2007.  Alternatively, the Virginia Attorney General could feel compelled to act.

Under Virginia law, the intentional killing of an animal is a Class 6 felony, which carries a sentence of one to five years, per count.  For killing eight dogs, that's a potential sentence of anywhere from eight to 40 years.

It could be that the feds opted to pursue conspiracy charges first because conspiracy charges were the easiest to prove to a grand jury.  Next, the feds can turn to other potential charges, such as the underlying crimes mentioned in the current indictment or a RICO violation.

The bottom line, then, is that things could get worse -- much worse -- for Vick as time goes by.


VICK'S CASE IS ON THE "ROCKET DOCKET"

Though some legal pundits (including yours truly) have suggested that the case of the U.S. versus Michael Vick a/k/a Ookie could drag on for a year or longer, the action is pending in the infamous East Coast "Rocket Docket" -- the United States District Court for the Eastern District of Virginia.

As Lester Munson of ESPN.com points out in an excellent item that almost balances out the crappy column penned on Tuesday night by Len Pasquarelli of ESPN.com, the Vick case could be buttoned up within four to six months.

If so, it's hard to imagine Vick playing football, or doing so effectively, in the 2007 season.  We therefore wouldn't be surprised if the Falcons end up giving him a paid leave of absence while the matter is pending, which could balance the team's desire to continue to support Vick (and thus justify the investment it has made in him) with the need to create the impression that action is being taken to address this serious situation.


PACMAN WANTS SOME ATTENTION, TOO

We can't focus today's entries entirely on Mike Vick.  Not when there's a good Pacman Jones story to discuss.

At the bottom of an item in the Miami Herald, Barry Jackson reports that Pacman was turned away from the B.E.D. night club on Monday night because he was wearing short pants.  (We wonder if he was wearing a "collard" shirt.) 

Jones tried to give the bouncer money to let him in, but to no avail.

Hey, at least Pacman didn't bite anyone.


POSTED 8:42 a.m. EDT, July 18, 2007

IS THIS REALLY A "FIRST OFFENSE"?

As we continue to listen to the parade of sock puppets who are quick to point out that Falcons quarterback Mike Vick is not subject to a suspension under the Personal Conduct Policy because he is not a "repeat offender," something has occurred to us.

Doesn't the indictment of Mike Vick set forth a series of numerous offenses, necessarily making him something more than a one-time offender?

In most cases, an NFL player is arrested as a result of a discrete event.  Driving drunk.  Possessing marijuana.  Punching a friend or loved one.  Biting a friend, loved one, or an officer of the law.

In this case, Vick has been charged with a pattern of activity extending over a period of more than five years.  He is formally accused of conspiring to maintain an illegal gambling enterprise and of conspiring to engage in dog fighting.  The "overt acts" listed in the indictment constitute multiple and independent violations of the law. 

So this isn't a situation where Mike had too much to drink and blew a 0.08 or higher.  That's a "first offense."  The charges against Vick reflect a blatant and ongoing series of illegal incidents that continued merely because he hadn't gotten caught.

In our view, the only difference between Vick and Pacman Jones is that Jones periodically was questioned by police and/or arrested.  But both have engaged in an ongoing series of misbehavior, and it's easy to conclude that the things that Vick allegedly has done are, when considered together, worse than anything that Pacman ever allegedly did.

[Editor's noteSeveral readers have taken issue with our comparison of the allegations against Vick to Pacman's entire body of "work," since one of the allegations against Jones is that he incited someone to shoot someone else.  Keep in mind that Jones' behavior occurred in the context of a fight, which naturally stirs passions and emotions.  Vick's alleged dog-killing activities were accomplished in cold blood.


POSTED 11:57 p.m. EDT, July 17, 2007

GAMBLING ANGLE COULD PROVIDE GOODELL WITH AMMO TO SUSPEND

At a time when some segments of the "real" media are focused on whether Commissioner Roger Goodell may suspend Falcons quarterback Mike Vick based merely on an indictment related to dog fighting, there could be a separate NFL policy that provides Goodell with an avenue to take action.

The league's gambling policy prohibits "[a]ssociating with gamblers or with gambling activities in a manner tending to bring discredit to the NFL."  Vick is charged with conspiracy to utilize interstate commerce with intent to promote, manage, etc. a business enterprise involving gambling.  Indeed, the indictment contains multiple references to gambling arising from the dog fights in which Vick was involved.

Under the league's gambling policy, a violation may result in "severe penalties," up to and including a suspension from the NFL for life.

So if Goodell wants to take swift and firm action against Vick, he is not required to wait for the pending charges to be resolved.  He can conduct his own investigation into the situation, and he can choose to suspend Vick under the gambling policy, if Goodell deems it appropriate to do so.


POSTED 11:41 p.m. EDT, July 17, 2007

LEN DOESN'T DISAPPOINT IN HIS VICK REACTION

Whether by suggesting that the Falcons prefer Joey Harrington to Matt Schaub because the former has more than 60 NFL starts and the latter has only two, or by characterizing the challenges now facing owner Arthur Blank as a "test of loyalty," ESPN.com's Len Pasquarelli continues to come off as biased to the point of delusional in his handling of the Mike Vick case.

Gone and long forgotten is the ESPN.com scoop that Vick likely won't be indicted.  There won't be a public excuse offered for the erroneous report because, frankly, a plausible one can't be conjured.

Put simply, ESPN.com (through the efforts of Len Pasquarelli) positioned itself to play both sides of the fence on this one, allowing the organization to claim that it was right all along if Vick was indicted, and that it was right along if he wasn't.

Len's July 17 piece ignores the "Vick likely won't be indicted" aspect of the ESPN reports, focusing only on Len's litany of "I told you so"'s.

Along the way, Len lauds Vick for his ability to focus on football during these trying times, and Len suggests that Vick is "battling not only for his career but also for his reputation."

Len?  Where in the hell have you been?  Vick's reputation is shot.  He's the new O.J. Simpson.  Vick is and will be quickly regarded as radioactive, by fans, sponsors, and even by some players who might decide that it's time to ignore the unspoken NFL player code of blindly support other players.

And Len's suggestion that Blank is facing a "test of loyalty" is laughable to us.  Would it be disloyal (and thus, in Len's view, wrong) for Blank to cut the cord on Vick, given that Vick has compromised the image and marketability of the entire franchise?  Or does Len speak in those terms only because he doesn't want his pal, Vick agent Joel Segal, to lose three percent of the remainder of Mike's megadeal?

Whatever the specific statement, Len's transparent ramblings peppered with Tiki-type terminology tells us that Len hasn't changed, and likely never will.


POSTED 11:16 p.m. EDT, July 17, 2007

REPORT:  VICK WILL BE SUSPENDED

Jason Cole of Yahoo! Sports reports that NFL Commissioner Roger Goodell is expected to suspend Falcons quarterback Mike Vick.

"Where [Vick] is in the most trouble is that he lied to the commissioner," a league source told Cole.  "He told [Goodell] in April that he didn't know anything about this.  The commissioner gave [Vick] every chance to come clean, be straight about what was going on.  Instead, he just kept denying it."

Cole's report comes as a time when folks like ESPN's John Clayton are saying that Goodell "must" wait until the legal process runs its course until imposing discipline.

So who's right?  In our view, the language of the revised Personal Conduct Policy does not require Goodell to wait.  "Generally," as the policy reads, first-time offenders won't be suspended until there is a resolution.  "Generally" applies, in our view, to the garden-variety DUIs and pot possession charges that litter the NFL police blotter.

"Generally" does not apply when a player is accused of killing multiple dogs in cold blood in the very same month that the player sat across from the Commissioner and told him that he knew nothing about the activities occurring on his property.

This is a rare and extreme situation, and it calls for a rare and extreme reaction.  It's the biggest challenge of Roger Goodell's short tenure, and we're confident that, in the end, he'll get it right.


POSTED 9:44 p.m. EDT, UPDATED 10:21 p.m. EDT, July 17, 2007

NIKE TO DROP VICK?

A source with contacts inside of shoe-manufacturing giant Nike tells us that the sponsorship of Mike Vick will be coming to an end, in light of his indictment on federal conspiracy charges.

Per the source, Nike won't move immediately to axe Vick, but that the company will pursue a mutual parting of the ways with the embattled Falcons quarterback.

The Humane Society pressed Nike several weeks ago to cut ties with Vick, but Nike refused.


YOUTUBE VICK VIDEO OF THE DAY

With all of the hubbub regarding the Mike Vick indictment, we've received from a reader a creative Vick video.

Enjoy.

If you eyeball any more like it, let us know.


POSTED 8:47 p.m. EDT; LAST UPDATED 9:09 p.m. EDT, July 17, 2007

FALCONS' COMMENT IS NON-COMMITTAL

The Atlanta Falcons have issued a statement regarding the Mike Vick indictment.  On close inspection, it doesn't really say anything.

There's no condemnation, but also no support.

"This situation has been troubling to many people, including our fans, during the last few months," the team said.  "With today's news, our club and team will continue to be tested as Michael works through the legal process toward a conclusion.

"We are disappointed that one of our players – and therefore the Falcons – is being presented to the public in a negative way, and we apologize to our fans and the community for that.

"Obviously, we are disturbed by today's news from Virginia.  However, we are prepared to deal with it, and we will do the right thing for our club as the legal process plays out.  We have a season to prepare for and training camp opens next week.  Our plan is to continue to do everything we can to support our players and coaches."

In our view, that's a wishy-washy, lawyer-crafted, keep-our-options-open-and-our-asses-covered copout. 

It appears that the team is waiting to see what the fallout will be before making a decision.  If, for example, sponsors like AT&T and Ford begin to rattle the cage, the Falcons might take action.  If the team gauges the reaction to be something that could be weathered, they'll stand by Vick at least through the 2007 season.

But we think that the time for the team to act is now.  The guy has been accused of killing dogs, and has uttered not a peep as horrible allegation after horrible allegation has been made public over the past several months.  Seventeen canine carcasses were found on his land.  Seventeen.  Did they all die of natural causes? 

Though we're not suggesting at this point that the Falcons should cut Vick, we believe that the team should exercise its prerogative to suspend Vick for up to four games without pay for conduct detrimental to the interests of the team, reserving its right to terminate his contract based on future developments.  If Vick doesn't like it, let him file a grievance. 

It might be the only way that we'll ever hear anything from him on the matter.


VICK AND THE TURD WATCH

Several readers have asked us to explain the manner in which Turd Watch points will be issued to the Falcons as a result of the indictment of Mike Vick, and whether the indictment means that the "days without an arrest" counter will be re-set.

In short, once Vick does the perp walk the counter will go back to zero, and the points will be tallied.

Until then, he has not yet been arrested.


THE ORIGIN OF "OOKIE"

One of the strangest aspects of the Tuesday indictment of Falcons quarterback Mike Vick is that, in addition to "Ron Mexico," he also is known as "Ookie."

So where does the Ookie come from?

Apparently, it was given to him by his mother.  And, apparently, he only lets close friends refer to him by that moniker.

"Man, if they called me Ookie it would really be on," Vick told ESPN.com's Page 2 several years ago.  "I would really be upset, because nobody else can call me by my nickname but my mom.  Unless I give you permission because you really know me, but none of the guys know me real good so they can't do it.  But yeah, that would really get me going."

And, by the way, Falcons jerseys bearing the number 7 and name "Ookie" are available, for now, via NFL.com.  We have a feeling that this won't be the case for much longer.


POSTED 8:21 p.m. EDT, July 17, 2007

LEAGUE STATEMENT HINTS THAT NO ACTION WILL BE TAKEN PRE-VERDICT

Here's what the NFL had to say regarding Tuesday's stunning developments in the Mike Vick case, with a federal indictment coming on the eve of the opening of training camps:

"We are disappointed that Michael Vick has put himself in a position where a federal grand jury has returned an indictment against him.  We will continue to closely monitor developments in this case, and to cooperate with law enforcement authorities.  The activities alleged are cruel, degrading and illegal.  Michael Vick's guilt has not yet been proven, and we believe that all concerned should allow the legal process to determine the facts.  The matter will be reviewed under the League's Personal Conduct Policy."

This statement suggests to us that the NFL plans (for now) to defer any decision regarding discipline of Mike Vick until the situation is fully resolved.  And that could take a while.  At the earliest, trial would be in 2008.  The situation possibly could drag into 2009.

The league's Personal Conduct Policy doesn't require that the Commissioner wait until the situation is resolved before imposing discipline.  Instead, the language of the policy says that discipline "generally" will be delayed until after the case is resolved, for a first offense.  Despite his various warts, Vick has had no prior brushes with the law.

Whether the NFL will have the luxury to wait is a different issue.  Pressure could mount quickly for the league to act, especially in light of allegations that Vick was personally involved in the killing of approximately eight dogs, as recently as in April 2007.

Of course, the Falcons could opt to terminate Vick's contract, by virtue of the language contained in paragraph 11 of the Standard Player Contract.  Although such an action could (as ESPN's Chris Mortensen pointed out today in connection with the Pacman Jones situation) hamper the team's ability to recover any signing bonus money if/when Vick is suspended or incarcerated, the P.R. storm that the Falcons will be facing could force them to act, sooner rather than later.


 

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