Indictment Near for Michael Vick, Success Uncertain

Officials believe there might be enough evidence to indict Vick in connection with dogfighting.

Two law enforcement officials familiar with the investigation have told ESPN.com they believe there is sufficient evidence to indict Michael Vick in connection with a suspected dogfighting ring that was run on property the Falcons quarterback owned in Virginia.

The sources, however, cautioned this week that, based on the current evidence, it might be difficult to successfully prosecute Vick, who has denied knowledge of dogfighting at the property in Surry County.

"There is probably enough there to bring a bill [of indictment]," said one source, "but how some of [the evidence] would play out at trial, or if it even reached a trial ... I just don't know. These kinds of prosecutions are tough. There are some holes, definitely, and that's why [investigators] are digging for more information. You want more than just smoke. You're always looking for the smoking gun.

"I mean, what you think you know and what you know you know, and what you can prove to other people you know ... well, they aren't always the same. But this is a fluid thing, so we'll see where it goes."

On Wednesday, Surry County Commonwealth's Attorney Gerald G. Poindexter told ESPN that he recently received a call from a person whom he deemed credible, and that the informant gave him information regarding the ongoing investigation. Television station WAVY of Portsmouth, Va., reported Wednesday that informants have come forward who have said that they can link Vick to dogfighting.

"We have people who are volunteering to make those allegations," Poindexter said. Asked if there was evidence that placed Vick at dogfights, Poindexter said, "Yes."

Poindexter told ESPN's Kelly Naqi that he is convinced dogfighting took place on the property, saying he is continuing to pursue a strong case against Vick.

"If he did anything, he won't get away with it, if we can prove it. But it's not easy," Poindexter said. "That's why we're moving carefully, slowly. We're trying to build a strong case."

Poindexter referenced a 2000 case which involved dogfighting and which was dismissed over Fourth Amendment issues. He said he has forward affidavits to the State Attorney's Appellate Division to have officials there review it in terms of its admissibility for court. He cited the same Fourth Amendment issues as the reason he did not permit officials to move forward with a warrant to search the Vick property earlier this week.

One ESPN.com source acknowledged that at least one federal agency beyond the U.S. Department of Agriculture, which was represented at a recent meeting with local investigators, has taken "a pretty serious interest" in the investigation in recent days.

One of the sources has first-hand knowledge of the evidence that was presented May 21 during a two-hour meeting that included Poindexter and a representative from the USDA. The other was frequently apprised of what is included in the evidence, but has not yet directly reviewed it.

Both sources were reluctant to discuss the evidence in detail. But one said that, beyond forensic evidence and also the dog-training paraphernalia that has been shown in various television reports, there are also "some documents" that suggest dogfighting was taking place. Queried about the documents, which were seized from the property, the source would only say while "there is paperwork" that includes Vick's name or what are said to be references to him, it appears none bear his signature.

"There are some dots," said the source, "but it's putting them all in a straight line that's been a challenge. There's a lot of stuff to look at and consider. But preponderance doesn't always equal proof, so they're trying to dot I's and cross T's."

On Wednesday, the Atlanta Journal-Constitution reported that Poindexter could convene a special grand jury to consider the case. The regular grand jury is not scheduled to meet until July 24, Surry County clerk of courts Gail P. Clayton said. The grand jury meets on the fourth Tuesday of every other month, beginning in January.

The Journal-Constitution reported that two people claiming to have information that might aid the investigation have contacted law enforcement authorities, and that Poindexter was performing due diligence on the background of one of the two. Both of the sources who spoke to ESPN.com said claims that people have possible information that might strengthen the case is consistent with their understanding of the progress being made.

Those people, their credibility and the value of the information that they claim to have are being scrutinized.

"It would help [the case], obviously, if someone stepped up with something concrete," one ESPN.com source said. "A figure in a shadow, with a Darth Vader-type voice, that's fine, but sooner or later someone has to put their hand on a Bible in front of a jury."

ESPN's "Outside the Lines" on Sunday interviewed a confidential informant, speaking on camera with his face hidden and his voice disguised, who alleged Vick is a "heavyweight" in dogfighting circles. He claimed that Vick owned and fought dogs and bet heavily on them.

The pace of the investigation and the timing of any possible indictment against the embattled Vick, who is playing under a $130 million contract and is the face of Atlanta's franchise, could be critical to his plans for the 2007 season and to any potential sanctions by the NFL. If a grand jury in Surry County does not meet until late July, it would be right about the time Vick and the Falcons are to report to training camp.

There are, some observers feel, enough potential maneuvers to perhaps delay a trial -- if the case reaches that point -- until after the season. Such trials have typically lasted eight months or more. The NFL, which has offered the services of its security department to assist local authorities in the investigation, continues to closely monitor the proceedings.

It is not known if commissioner Roger Goodell would consider sanctions against Vick if he is merely indicted. Goodell emphasized last week, at the NFL's spring meeting in Nashville, that the recent severe suspensions of Tennessee cornerback Pacman Jones and Cincinnati wide receiver Chris Henry were based in part on their status as repeat offenders of the league's personal conduct policy.

Ping to this article. That prosecutor is looking really bad right now.:

"bad newz kennels" - Michael Vick's front for dog fighting?

It looks like there is no doubt as to what took place on Michael Vick's property.

Investigators said almost nothing to reporters who gathered at the property while agents conducted a second search on Friday, but documents filed in Richmond and obtained by The Associated Press detailed aspects of the case for the first time. Vick is not named in the documents.

The property was used as the "main staging area for housing and training the pit bulls involved" in a dogfighting operation, according to the court papers.

The documents contend prize money from the dogfighting climbed into the thousands of dollars,people came from as far away as Texas and sheepish pit bulls were killed.

As federal agents used a backhoe to dig in an area about 10 feet wide by 20 feet long behind the massive two-story home, then left at about 4:30 p.m., the documents shed some light on their investigation.

They allege that dogfights have been sponsored by "Bad Newz Kennels" at the property since at least 2002. For the events, participants and dogs traveled from South Carolina, North Carolina, Maryland, New York, Texas and other states.

Fifty-four pit bulls were recovered from the property during searches in April, along with a "rape stand," used to hold dogs in place for mating; an electric treadmill modified for dogs; and a bloodied piece of carpeting, the documents said.

The documents said the fights usually occurred late at night or in the early morning and would last several hours.

Before fights, the participating dogs of the same sex would be weighed and bathed, according to the filings. Opposing dogs would be washed to remove any poison or narcotic placed on the dog's coat that could affect the other dog's performance.

Sometimes, dogs weren't fed to "make it more hungry for the other dog."

Fights would end when one dog died or with the surrender of the losing dog, which was sometimes put to death by drowning, strangulation, hanging, gun shot, electrocution or some other method, according to the documents. The property has an aboveground swimming pool, and investigators were seen looking into its murky water Friday.

During a June search of the property, investigators uncovered the graves of seven pit bulls that were killed by members of "Bad Newz Kennels" following sessions to test whether the dogs would be good fighters, the documents alleged.Members of "Bad Newz Kennels" also sponsored and exhibited fights in other parts of Virginia, North Carolina, South Carolina, Maryland, New Jersey and other states, according to the filings.

On Vick's Web site, he lists his birthplace as Newport News, "a.k.a. BadNews."

Friday, federal agents used shovels and heavy equipment to search the Vick property, where an informant told authorities as many as 30 dogs could be buried.

A backhoe-front loader was brought in and used to excavate a cleared area on the property. The material found to be of interest was transferred into numerous large, ice-filled coolers and loaded into a rental truck, which left the property.

An Associated Press reporter and photographer viewing the investigation from a helicopter could not clearly identify the evidence being collected.

Investigators were digging in an area about 50 yards behind a large white house. About 15 people could be seen on the property, which includes several kennels surrounded by pens made of metal fencing, other kennels and outbuildings.

Located in southeast Virginia, the expansive property has a metal gate at the entrance and a white plastic fence around the perimeter. The fence and a large two-story building painted black behind the home obscured the work of investigators.

More than 15 vehicles were on the property, including the rental truck and at least one Virginia State Police evidence collection truck.

Corinne Geller, a spokeswoman for the Virginia State Police, said state authorities were working with federal investigators in an "assistance capacity."

Vick has said he rarely visited the property. No charges have been filed.

During an April 25 raid at the property, about half the dogs were tethered to car axles with heavy chains that allowed them to get close to each other, but not to have contact, an arrangement typical for fighting dogs, according to an affidavit.

Later, Surry County officials secured a search warrant based on an informant's information about dogs being buried on the property, but never acted on it because prosecutor Gerald G. Poindexter said he had concerns with the wording of the document.

On June 7, the day that warrant expired, federal officials executed their own with the help of state police investigators.

Poindexter publicly questioned the federal government's interest in a dogfighting case. He suggested Vick's celebrity was the draw and raised race as a possible motivation. Poindexter and Vick are black, as is Surry County Sheriff Harold Brown.

Poindexter, on vacation in Louisiana, said by telephone he was unaware of Friday's search and was still pursuing what he called a parallel investigation. He said he assumed Surry County and federal officials eventually will share their evidence.

Vick initially said he had no idea the property might have been used in a criminal enterprise and blamed family members for taking advantage of his generosity. He also put the house up for sale and reportedly sold it quickly, although there is no record that the sale has closed. Vick has since declined to talk about the investigation.

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