Posted on 08/21/2007 6:31:28 PM PDT by Libloather
Vick could still face charges in a Virginia state court
By LARRY O'DELL, Associated Press Writer
August 21, 2007
RICHMOND, Va. (AP) -- Michael Vick's legal troubles from dogfighting could get even worse.
The Atlanta Falcons quarterback faces possible prosecution in state court, where punishment might far exceed the maximum five years in prison that could await him in his federal case.
Local prosecutor Gerald Poindexter has said he likely will pursue charges against Vick, who has plummeted from favorite son to a symbol of animal abuse in the four months since authorities raided his Surry County property. Poindexter says the case could go before a county grand jury Sept. 25.
Poindexter did not return messages left by The Associated Press at his office and on his cell phone Tuesday.
Among the state laws Vick could be charged with violating are those against dogfighting and animal cruelty. Both are felonies punishable by up to five years in prison.
"The real question is how much overlap there would be between anything the local prosecutor would charge and what the federal prosecutors charged," said Linda Malone, a criminal procedure expert and Marshall-Wythe Foundation professor of law at the College of William and Mary. "There are some limitations on duplication."
Vick said through a lawyer Monday that he will plead guilty to a federal charge of conspiracy to travel in interstate commerce in aid of unlawful activities and conspiracy to sponsor a dog in an animal fighting venture. Malone said the state dogfighting charges probably would not be considered duplicative.
"The essence of the conspiracy charge is the agreement" between Vick and his coconspirators, Malone said.
Three Vick associates have pleaded guilty to the conspiracy charge and said Vick provided virtually all the gambling and operating funds for the "Bad Newz Kennels" dogfighting enterprise. Two of them also said Vick participated in executing at least eight underperforming dogs, raising the possibility of the animal cruelty charges.
Convictions on eight animal cruelty counts could result in up to 40 years in prison if five-year terms for each count was imposed to run consecutively, but that's seldom done. Each dogfighting count could run the sentence even higher.
Vick also was facing the possibility of additional federal charges from a new grand jury meeting this week in Richmond, but his deal with prosecutors means that's now highly unlikely.
The 27-year-old player will enter his plea agreement Monday. A government official, speaking on condition of anonymity because the terms are not final, told The Associated Press that prosecutors will recommend a sentence of one year to 18 months. However, U.S. District Judge Henry Hudson is not bound by that recommendation or by federal sentencing guidelines that will call for less than the five-year maximum.
James D. "Butch" Williams Jr., one of Vick's five defense attorneys, said his client is fully aware he could be facing a long stretch in prison.
"Michael's been fully apprised of all angles, all aspects," Williams said.
It's still unclear whether all this will end the career of one of the NFL's most dazzling players.
NFL commissioner Roger Goodell could rule by the end of the week, but will probably wait until Vick actually enters his plea. The league is waiting for a report by its own observers, a group headed by Eric Holder a former deputy U.S. attorney general.
"The commissioner has not decided on a specific timetable on Michael Vick's status," league spokesman Greg Aiello said Tuesday.
Vick has been barred from training camp by the NFL, and Goodell has asked the Falcons not to take any action until the league rules.
Goodell can suspend Vick under the NFL's personal conduct policy. While the league hasn't said whether a potential suspension would be concurrent with Vick's prison sentence, it probably would take effect once he is released from custody.
That means Vick likely would miss both the 2007 and 2008 seasons.
The Falcons in 2004 signed Vick to a 10-year, $130 million contract -- at the time, one of the largest in NFL history. The bonus and guaranteed money he received in his contract totaled $44 million, and the team might try to reclaim part of that.
Vick has also lost lucrative contracts with sponsors. Rawlings, Nike, Reebok and Upper Deck are among the companies that have either ended contracts with him or stopped sales of his merchandise.
Trade Vick to the USFL.
Some have said that racism/a rush to judgment came into the mix on this.
Did racism factor into the Duke Lacrosse case? Were they unfairly judged? Was there a rush to judgment in that case? What did some professors at Duke University have to say about them?
No Jessie?, No Al?
Racism wasn’t even a blip on the radar for me. I think what this “man”, and I use the term very loosely, did to these animals was heinous. I would have felt that way if it had been anyone. Even our beloved Tom Brady, who in my home runs a close third behind only Jesus and Chesty Puller.
Vick’s been rubbed and fixin to get vaporized.
I think it's inevitable that Vick never plays in the NFL again. What team would play him? What team wants the end zone filled with dog biscuits?
I'm not an expert like Linda Malone but the fed charges were about the gambling and it looks like the state charges will be about the animal abuse. I don't see the overlap or duplication there. This dog's day is done.
“Hey Mike, can you speak ‘Canadian’?”

Before the "Fun and Gun," there was "Bandit Ball" with the old Head Ball Coach.
LOL
IF Vick did only HALF of what his buddies have said to the prosecutors...
he better pray he doesn’t meet some real dog-lovers in prison.
This is so sick. OJ kills two people. Michael Jackson ravages and the sheeple care about a damned dog that Vick owned. Something is wrong with that picture.
I totally agree with you.
I live near a chicken processing plant, and often stop at a local convenience store that’s even closer to the plant. Not all of the folks that work there, particularly those on 2nd shift, are exactly the creme de la creme, yet I have been amazed at what I have been hearing about this whole thing. And race has no bearing on it, in fact the blacks are particularly vocal about what a lowlife someone has to be to do something like this....
“IF Vick did only HALF of what his buddies have said to the prosecutors...
he better pray he doesnt meet some real dog-lovers in prison.”
.....there’s a chance that just might happen...some prisoners are allowed pets in jail....other prisoners train seeing eye dogs....
I liked the original Burt Reynolds version of The Longest Yard. Bet the prison football team would love to have a QB like Vick.
I would think that where he is going he is far more likely to meet fellow dog-fighting enthusiasts than anyone from PETA or the ASPCA.
That’s a poster crying out for some creative Photoshopping.
Rodney Peete mentioned something about this tonight on Fox Sports. He said prisoners pick out the really rotten perps and give 'em heck. Peete said Vick will be treated just like a rapist or murderer.
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