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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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."
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
"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 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.
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.
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.
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.
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.
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.
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.
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
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.
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 LATERby Michael David Smith
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.
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.
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
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.
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.
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.
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.
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.
"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.
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.
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
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
ESPNFirst 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.
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.
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.
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.
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.
"[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.
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 note:
Several 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.
"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.
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.
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.