What follows is every story
posted on the ProFootballTalk.com Rumor Mill from the day that Mike Vick's
property was first searched through and until the day that he was indicted
on federal conspiracy charges. For all stories regarding the aftermath
of the indictment and the prosecution, click here.
POSTED 5:29
p.m. EDT; LAST UPDATED 6:38 p.m. EDT, July 17, 2007
The charges are, per ESPN.com
(which not long ago declared Vick was unlikely to be indicted), "conspiracy
to travel in interstate commerce in aid of unlawful activities and to
sponsor a dog in animal fighting venture."
Three others were indicted as
well -- Purnell Peace, Quanis Phillips
and Tony Taylor. Phillips' name appeared as a contact person on Vick's
K-9 Kennels web site.
The indictment is available on
the web site of the Atlanta Journal-Constitution. A press
release regarding the charges is available
here.
There is only one count, for
now -- conspiracy. In order to be guilty of conspiracy, the government
doesn't have to prove that the defendants committed the underlying illegal
acts, but only that they intended to do so, and that they accomplished one
or more overt acts in order to reach their goals.
Under Title 18, Section 371 of
the U.S. Code, the penalty for conspiracy is up to five years in prison.
If, however, the underlying crime is a misdemeanor, the punishment for
conspiracy may not exceed the maximum sentence for the misdemeanor offense.
The indictment alleges at
paragraph 1 that Peace (a/k/a "P-Funk"), Phillips (a/k/a "Q"), Taylor (a/k/a
"T"), and Vick (a/k/a "Ookie" -- we're not kidding) conspired to: (1)
travel in interstate commerce and use the mail or any facility in interstate
commerce to promote, manage, etc. a business enterprise involving gambling;
(2) knowingly sponsor an animal moved in interstate commerce in an animal
fighting venture; (3) knowingly transport a dog for the purposes of having
the dog participate in an animal fighting venture.
The allegation regarding the
use of interstate commerce to promote a business enterprise involving
gambling is key. Under Title 18 of the U.S. Code, Section 1952, which
is titled "Interstate or foreign trade or travel in aid of racketeering
enterprises," the maximum penalty is 20 years behind bars. At the time
the events transpired, dog fighting was only a misdemeanor. Absent the
gambling/racketeering angle, then, Vick would not be facing up to five
years, but only the misdemeanor sentence for dog fighting.
Here are some highlights from
the 18-page indictment. All of the following statements are based on
allegations contained in the document.
The indictment identifies four
"cooperating witnesses," without naming them. As we previously
explained, the detail contained in the federal complaint filed earlier this
month indicated that someone was spilling the beans as to the specifics of
the operation. As it turns out, there are at least four such someones.
The conspiracy began in early
2001 and continued through April 25, 2007, the day on which Vick's Surry
County, Virginia property was first searched by local authorities.
In May 2001, Taylor identified
the property on Moonlight Road in Surry County as a suitable location for
housing and training pit bull terriers for fighting. Thereafter, Vick
and the others purchased approximately 26 dogs from locations inside and
outside of Virginia.
The "Bad Newz Kennels" were
established by Vick and the others in early 2002, and at one point the group
obtained shirts and headbands representing their affiliation with "Bad Newz
Kennels." The Vick property on Moonlight Road in Surry County
thereafter became the location of the venture.
"Testing" of the dogs began in
February 2002. One of the dogs did not fight very well. It was
shot to death with a .22 caliber pistol.
Additional dogs that did not
perform well in "testing" sessions were executed in the summer of 2002, with
three shot and one electrocuted.
Fighting also began in 2002,
with a trip to North Carolina. Vick's Surry County property hosted its
first dog fight in late 2002.
The process continued, with
purses as high as $20,000.
In March 2003, Peace allegedly
electrocuted a female pit bull that had lost a fight after consulting on the
matter with Vick. Peace shot another losing dog that same month.
The most graphic misconduct
allegedly occurred not long before the first search of the property.
According to paragraph 83 of the indictment, Vick, Peace, and Phillips
executed in April 2007 approximately eight dogs that did not perform well in
"testing" sessions, by "hanging, drowning, and slamming at least one dog's
body to the ground."
In other words, in the same
month in which Vick declared that he never goes to his Surry County
property, and the same month in which he sat face-to-face with the
Commissioner, Vick had (according to the indictment) participated in the
killing of as many as eight dogs deemed unfit for fighting.
So what next? After
digesting this information, the NFL and the Falcons will have some tough
decisions to make. And we think that both organizations will soon be
facing strenuous pressure from animal rights groups to take swift and
decisive action against Mr. Vick.
POSTED 9:19
p.m. EDT; LAST UPDATED 11:30 p.m. EDT, July 16, 2007
SURRY COUNTY "INVESTIGATION"
COULD BE WRAPPING UP
The Virginian-Pilot reports
that the Surry County, Virginia investigation regarding apparent dog fighting on
the property owned by Falcons quarterback Mike Vick
could be ending this week.
Doesn't something have to actually
start before it can end?
And to the extent an investigation
ever started, the investigation was by all appearances abandoned once the feds
showed up unexpectedly at the property on June 7 and executed on a search
warrant that reportedly resulted in the recovery of 10 dog carcasses.
Evidence could be presented next
week to a Surry County grand jury. But if prosecutor Gerald Poindexter
applies to the grand jury process the same degree of zeal that he has
demonstrated to date, the end result could be a declaration by the grand jury
that the corrupt kennel was in reality a petting zoo.
The status of the federal
investigation is unknown. Authorities returned to the property and
executed a second warrant earlier this month, but the investigators have
otherwise been tight-lipped about their efforts.
POSTED 6:29 p.m. EDT, July 11, 2007
MORE FUN WITH FALCONS' WEB SITE
As it turns out, Falcons
quarterback Mike Vick hasn't been completely exiled from the team's new web
site. There's a rotating Ford ad featuring Vick's image above the slogan
"Bold Moves."
Hey, there's nothing bolder than
letting your land be used as the staging area for an illegal dog-fighting
operation.
With that said, we didn't see the
Ford ad when we pulled up the site earlier. We regret the error.
There are other items of interest
on the new Falcons' site. Under the list of community-related activities
in which members of the team are engaged, there's a link to the web site for
Mike Vick's charitable foundation.
The site carries the title "Vick
Foundation" -- but otherwise is completely blank. (Thanks to the reader(s)
who pointed that out to us.)
Also, the new site
still has the item regarding the D.C. event for which Vick famously didn't
show.
POSTED 8:25 a.m. EDT, July 12, 2007
BEAMER SAYS VICK'S HEART IS TOO
BIG
Virginia Tech coach Frank Beamer
thinks that the problems currently engulfing former Hokie and current Falcons
quarterback Mike Vick arise from the fact that he cares too much about people.
"The thing I'll say about Michael,
he's a very caring person,
[with a] big heart," Beamer said, "I think he understands he's got to be very
specific about who's around him, who he's involved with. I think he understands
that more than ever.
"I told him, 'If you're around, you're involved,'" Beamer
said. "People don't care about those other people. They're not going to write
about them, but they'll write about you. I think that's just him. He's a very
caring person about people, and he's got a big, big heart.
"I know Michael. If it's a negative, the negative is he
cares too much about people and tries to help too many people around him."
Sure, Frank. Did Vick care so much about his girlfriend
that he (allegedly) gave her herpes? And how can someone care so much
about people but have no regard for his dogs (if, of course, he knew about or
was involved in the kennel from hell that was housed on his property).
Then again, Mike says that he "love[s]
[his] dogs" in this Nike spot from a couple of years ago:
So if Mike loves people as much as
he really loves his dogs, maybe his ex should be glad that all she ever got from
him was an STD.
POSTED 10:02
a.m. EDT; LAST UPDATED 10:51 a.m. EDT, July 11, 2007
VICK NO LONGER THE FACE OF THE
FRANCHISE?
One thing that we noticed (and
that a couple of readers have pointed out to us) regarding the
brand new Atlanta Falcons web site
is that not a single photo of or reference to Mike Vick appears on the front
page.
Is it a coincidence? Or is
it a subtle recognition by the team that, regardless of whether Vick gets
indicted or remains the starting quarterback for the balance of the decade, it's
no longer wise nor prudent to market the franchise by plastering his image on
it?
One PFT reader who recently
received an invitation by e-mail from the team to migrate from the waiting list
to the ranks of the season-ticket holders offered up the following response:
"Thank you for the update.
However, after receiving your email and talking it over with my family we are
going to ask to be removed from this list. Given the current state of the
Michael Vick dog fighting investigation, along with a preponderance of evidence
pointing to knowledge of this horrific activity, we are going to decline to
support or watch the Atlanta Falcons until he is off the team. While he
may never actually be found guilty of these crimes, it is simply our opinion
that he holds some level of responsibility for what happened on his property.
And his continued 'play dumb' routine, and the inaction of the Atlanta Falcon
organization is just too much for us to ignore.
"We are not so naive as to think that our opinion really matters in the grand
scheme of things. And I'm sure that it is a very delicate matter and
difficult time for the Atlanta Falcons family right now, but as parents of
impressionable children we cannot support a team that would make such a man the
face of its organization. That's all it really boils down to. So in
the mean time we're just going to focus our fanfare and attention on the NCAA
Football season."
We don't know how many similar
messages the team has received, but we have a feeling that they've gotten more
than a few. And that they'll get more, especially as more and more people
read about the details of the dog fighting operation at Vick's property in Surry
County, Virginia.
This morning, we received an
e-mail from one of our regulars about the situation. Here's what he had to
say:
"Thanks for the brief but effective paragraphs
from the Federal investigation of that sorry son of a bitch, Michael Vick. I
have written you several times over the years, but today I do with tears in my
eyes. As you may remember, I'm a retired/disabled police officer with 27 yrs on
the street experience and I am a pit bull owner of two of the prettiest,
friendliest, red-nosed pits on the planet. These two dogs wouldn't bite a
flea. And I'm appalled. To strangle, suffocate, drown an injured dog or
any other animal is the cruelest, most sadistic way to finish an animal. As
I've also written you that gambling is the only motive for dog fighting, I
do hope the Feds get Vick for income tax evasion along with other felony
charges. That son of a bitch should be sent to prison for many years
attached to the rape stand."
Said another reader regarding the manner in which the dogs were killed: "My God,
who are the animals here?"
We've also had a few readers call for us to organize a boycott of attending or
viewing Falcons games, and a boycott of NFL sponsors, unless and until Vick is
suspended or cut. However, we think that taking such a stand is premature.
If/when Vick is indicted, the time will arise to monitor very closely the team's
and the league's reaction, and to decide whether they have done enough.
(But we guarantee that Len Pasquarelli will instantly be on the air reminder us
all that a good and motivated prosecutor can get a grand jury to indict a ham
sandwich, and then Len will drool all over himself after saying the word "ham").
If the investigation concludes without an indictment of Vick, the question
becomes a bit more complex. So we'll wrestle with the issue of whether the
lack of criminal liability completely excuses the fact that Vick owned the land
where dogs were being fought and murdered if/when there's a need to do so.
POSTED
10:44 a.m. EDT, July 10, 2007
SELECTED PASSAGES FROM THE
VICK COMPLAINT
A copy of the federal
complaint regarding the dog-fighting investigation at the Surry County,
Virginia property owned by Falcons quarterback Mike Vick
has been available for a few days, yet we haven't seen anyone weave many
of the key passages from it into media reports regarding the issue.
We mention this because we
received an e-mail from a member of the national media this morning who
described some of the details as "frightening."
So here are some selected
quotes from the document, which was filed by the feds in an effort to secure
possession of the 54 dogs seized from the Vick property in April 2007.
Paragraph 9 of the document
confirms that "[m]any of the [54] pit bulldogs recovered or observed in the
search had scars and injuries consistent with injuries sustained in dog
fighting." (Previously, there was a dispute -- fueled in part by Surry
County prosecutor Gerald Poindexter -- regarding whether the dogs taken from
the land were scarred or injured.)
Paragraph 10 lists the
additional items recovered and observed in the initial search in April:
"a blood-stained fighting area; animal training and breeding equipment,
including a 'rape stand,' a 'break' or 'parting' stick, treadmills and 'slat
mills;' assorted paperwork documenting involvement in animal fighting
ventures; and performance enhancing pharmaceuticals commonly used to
increase fighting potential in dogs trained for fighting, as well as to keep
injured dogs fighting longer." We highlighted the reference to
paperwork documenting involvement in animal fighting ventures because we
hadn't previously seen this aspect of the seized property reported anywhere.
Paragraph 11 says that members
and associates of "Bad Newz Kennels," which was operated out of the Vick
property, sponsored and exhibited pit bull fights at the Vick property and
in Blackstone, Virginia, in North Carolina, South Carolina, Maryland, New
Jersey, and in other states.
Paragraph 12 says that dog
fights have been sponsored on Vick's property since 2002, with dogs from
South Carolina, North Carolina, Maryland, New York, Texas, and other states
engaged in the "competition."
Paragraph 13 contains some of
the details regarding the pre-fight preparations. "The two dogs
participating in a particular fight had to be the same weight and sex.
Before a fight would start, the participants would weigh and bathe the dogs.
The fighting weight would be established before the fight, requiring the
opponent dogs to measure within approximately one-half pound of the set
weight. . . . The opposing dogs were washed before a fight to remove any
poison or narcotic placed on the dog's coat -- if the opposing dog would
bite the 'tainted' dog that was coated with poison or narcotic, this would
affect the opposing dog's performance during the fight. The
participants would sometimes stop feeding the fighting dog before the
scheduled fights, in order to make it hungry for the other dog."
Paragraph 14 explains that the
fights at the Vick property "generally occurred late at night or early in
the morning, sometimes involving 2-3 separate matches, and would last
several hours." The persons in attendance were "[g]enerally" limited
to persons accompanying Bad Newz Kennels members and persons accompanying
the members of opposing kennels. "For a particular dog fight, the
opponents would establish a purse for the winning side, ranging from 100's
up to 1,000's of dollars. Participants and spectators would also place
side-bets on the fight, dependant on the ultimate outcome or certain events
occurring during the course of the dog fight."
Paragraph 14 also contains
some grisly details regarding the aftermath of the eventws. "The dog
fight would last to the end, which would generally involve the death or
surrender of the losing dog. At the end of the fight, the losing dog
was sometimes put to death by drowning, strangulation, hanging, gun shot,
electrocution, or some other method. The members of 'Bad Newz Kennels'
would sometimes 'test' the pit bulls in their inventory, determining if a
particular dog was 'game,' meaning that it would be a good fighter.
Sometimes, the dogs deemed not to be good fighters would be put to death."
Though the media was quick to
point out that Mike Vick's name appears nowhere in the complaint, no names
are mentioned. Instead, the complaint refers in several places to the
"members of 'Bad Newz Kennels,'" without identifying any of said members.
But we saw at least one hint
in the complaint that suggests to us a belief by the feds that Vick is one
of the members of Bad Newz Kennels. In paragraph 13, the complaint
refers to the charging of admission fees for persons attending the fights.
"If an admission fee was charged for a particular event," the complaint
states, "the proceeds were generally used to supplement the funding of the
'Bad Newz Kennels' kennel operation."
The key word in that passage
is "supplement." As we've previously noted, someone had to be paying
for the care and feeding of 50-plus dogs. If, as has been reported
elsewhere, none of the persons living in Vick's house were employed, where
was the primary funding of the operation coming from?
POSTED 1:06
p.m. EDT, July 9, 2007
VICK HANDLERS USED TO BRAG
ABOUT "SECLUDED" PROPERTY
A source with knowledge of certain
statements made in the past by members of Mike Vick's entourage tells us that
Vick's handlers used to brag that the Falcons quarterback would never get in any
trouble at bars or other places where NFL players find trouble (and/or
vice-versa) because Vick spends most of his time in the offseason at a secluded
property in rural Virginia where, among other things, he "mess[es] around with
his 50 pit bulls."
Unless Vick owned another secluded
property in rural Virginia, this information further contradicts Vick's "I never
go there" claim, which was made on the heels of the disclosure in late April
that more than 50 dogs had been removed from his Surry County home.
It also runs contrary to the
media's inexplicable softening of Vick's position from "never" to "rarely."
While we're back on the topic,
we'd forgotten that pictures on Vick's now-defunct K-9 Kennels web site showed
dog cages that looked a lot like the row of pens behind the Surry County
property. (Thanks to the reader who reminded us of that specific wrinkle.)
As we see it, then, there are
three possible explanations:
1. Vick was operating a dog
breeding and dog fighting operation out of the Surry County property, and
claimed that he never went there as a knee-jerk reaction to the news that the
place had been raided.
2. Vick was operating a dog
breeding operation out of the Surry County property, and his family members
and/or friends were secretly fighting the dogs without his knowledge.
3. Vick was operating a dog
breeding operation out of some other location, and his family members and/or
friends independently decided to breed dogs for the purpose of fighting them in
Surry County, confident that Mike Vick would never show up unannounced and
inspect the contents of the land, which included three black buildings that (if
Vick built them) were installed for reasons completely unrelated to dog fighting
and/or breeding.
Under the scientific principle
established in the Fourteenth Century by Franciscan Friar William of Ockham, the
simplest explanation is usually the most accurate one. In this specific
case, the fact that a man who breeds pit bulls and who owns property in rural
Virginia where pit bulls are being bred (and apparently more) knows that the pit
bulls are being bred (and apparently more) makes much more sense than the notion
that his family members were engaged in an elaborate ruse that could have blown
up at any moment if Mike popped in for a visit.
Indeed, if Vick had no knowledge
of or involvement in dog fighting and merely bred pit bulls because he loves
them, the family members would have been risking his wrath if he were to find
out that they had transformed his passion into a pastime that results in pain,
mutilation, and (often) death.
So, to anyone out there who thinks
we simply have it in for Vick, we ask you to set aside your own biases and apply
common sense to the objective evidence.
With all the talk about whether
Falcons quarterback Mike Vick will face federal charges as a result of the
dog-fighting operation found on property he owns in Virginia, there's one key
factor that has yet to be addressed.
What kind of a reaction will Vick
receive on the football field, regardless of whether he gets indicted?
A source having contacts with many
NFL players tells us that many NFL players are "incensed" by Vick's offseason
misadventures, and that reality is prompting speculation as to whether Vick will
face late hits, cheap shots, and/or other indignities between the white lines.
And what about his teammates?
Will the linemen block as zealously for a guy who, at a minimum, was so
oblivious to what his family members were doing that they were able to brazenly
start and maintain a dog-fighting ring on his land? Sure, they'll all say
the right things publicly, but there's no way of knowing what is going on in
their heads, or whether one or more of them might in a key moment release his
block a split-second early, putting the quarterback in greater jeopardy.
What of the officials? Will
they look the other way if/when Vick is targeted for a little more roughness
than what might be necessary?
Will the league office crack down
with fines? Will the Falcons complain to the media if the league office
doesn't?
Can we continue to ask questions
without answering any of them? And while we're act it, exactly where is
the beef?
Anyway, it's an interesting point
to ponder as training camp approaches. Apart from any verbal abuse that he
might get from fans (on the road or at home), we think there's a very real
potential for this inherently physical game to take on a far more physical
component when other players get a chance to take a shot at Mr. Vick.
VICK'S LAWYER WAS PRESENT FOR
SECOND SEARCH
One interesting fact regarding the
Friday, July 6 search of Mike Vick's property by federal agents that has been
generally overlooked by the national media (especially those segments of it who
are intent on reporting that Vick has nothing to worry about) is that, according
to Mary Kay Mallonee of WAVY-TV,
Vick's lawyer was present on the property during the search activities.
Though the lawyer's presence
isn't, standing alone, evidence that Vick is destined to be charged with any
crime, why would the lawyer feel the need to monitor the activities if he has
been told that Vick likely won't be indicted?
Really, does it make any sense
that Vick would send his personal attorney to a property that he claims to have
never visited if Vick truly has never been there?
Regardless of what it all means,
we're surprised that larger media outlets haven't mentioned this fact, which was
pointed out to us by a reader.
POSTED 11:40
a.m. EDT, July 7, 2007
A VICK SUMMARY AND REALITY
CHECK
On Friday, ESPN proclaimed that
Falcons quarterback Mike Vick likely won't be indicted by federal authorities in
connection with the investigation regarding the dog-fighting operation, known
according to a federal complaint as "Bad Newz Kennels," that was housed on
property that he owns.
On Friday night, we called out
ESPN for trying to play both sides of the fence on the Vick issue, reporting on
one hand that he's a "heavyweight" among dog fighters and on the other hand that
he's likely to get away with it.
Amazingly, Len characterizes the
overall events of Friday, on which federals investigators wanted to find, and
did find, ten more dog carcasses in shallow graves on property that Vick owns
(did we mention that he owns the property where the dead dogs were found?) as a
positive for Vick, since it came with the news that he's not likely to be named
in the first wave of indictments.
In the last line of the story, Len
calls Friday's events a "respite" for Vick and the Falcons organization.
A respite? What will he call
the day that Vick does a perp walk? A brief detour through a meadow of
daisies?
Though Pasquarelli (and,
vicariously, ESPN) acknowledges that Vick shouldn't exhale yet and that the
"ongoing investigation" could still entangle the guy who owns the property
hosting the dog fighting operation named for the slang reference to the town
where he was raised, the overall tone of Len's latest item is that Vick is, was,
and probably will be deemed innocent, and that anyone who thinks otherwise
either is jumping to unwarranted conclusions, or is a racist.
But let's summarize the available
evidence:
1. Vick owned the property
from which more than 50 dogs and evidence of dog fighting were seized in late
April.
2. Vick's first and only
comments came two days after the initial search, when evidence and details were
still sketchy. "I'm
never at the house," he said on April 27. "I left the house with my family
members and my cousin.
They
just haven't been doing the right thing."
How in the hell could Vick know
that his family members "haven't been doing the right thing" only two days after
the search happened? It was, in our view, a colossal slip by Vick, since
only someone who had knowledge of what was happening there would have enough
information to publicly blame his family members for it.
3. Vick has only ever said
"I'm never at the house." Somehow, his contention has been mangled by the
"real" media into "I'm
rarely at the house."
The distinction is HUGE.
In a case like this, where there
likely will be no direct evidence of Vick's presence at a dog fight,
circumstantial evidence is critical. Given the size and the scope of the
dog fighting operation, any credible evidence to contradict his "I'm never at
the house" routine is devastating to the
Sgt.
Schultz defense that Mike tried to float before the lawyers crammed a sock
in his throat.
4. Multiple reports later
surfaced from credible media operations like SI.com and ESPN's Outside the
Lines linking Vick directly to dog fighting. Chris Landry of FOX
Sports Radio said that Ray Buchanan of FOX Sports Radio (and formerly of the
Falcons) explained during the weekend of the draft that Vick was clearly
involved in dog fighting and openly talked about it in the locker room.
When confronted with the issue, Buchanan gave (in our opinion) an extremely
unconvincing explanation, and it was clear to us that his sole motivation was
and is to avoid snitching on a current NFL player.
5. Through all of the media
reports tying him to dog fighting, Vick and his handlers have not uttered a
single peep. In a court of law, silence cannot be regarded as evidence of
guilt. In the court of public opinion, the notion of a truly innocent man
saying nothing at all as his name and reputation are dragged through the dog
doo-doo by false and fabricated media reports is downright damning.
6. Federal authorities have
twice been to the property, and have removed a total of 17 dog carcasses.
The fact that they got what they were looking for suggests that they have an
informant who is giving them solid information. Thus, it's unlikely that
many (any) of those dogs died of natural causes, but that the bodies instead are
evidence that (as alleged in the federal complaint filed earlier this week) the
members of the Bad Newz Kennels often killed canines that had been on the losing
end of a fight.
7. In June, Vick's cousin
who lived at the house, Davon Boddie, gave a bizarre interview to WAVY-TV,
during which he claimed that the dogs found in April had been planted on the
property by folks who snuck through the woods.
Folks, if you add all that up and
apply some basic common sense, it doesn't look pretty for the guy that owned the
property that housed the dog-fighting operation.
Also, there's no evidence that the
feds have interviewed Vick or Boddie or anyone else who knows anything about the
situation. Our guess is that the authorities are wisely and prudently and
patiently getting their forensic evidence buttoned up before they start turning
the screws up on the suspects.
That specific aspect of the
investigation could lead to all sorts of interesting outcomes. If anyone
lies to investigators, they'll be subject to the Martha Stewart/Scooter Libby
treatment. If they exercise their constitutional right not to speak, they
are inviting indictments, since they will have provided investigators with
nothing to refute any conclusions that have been drawn regarding potential
guilt.
In light of everything set forth
above, and given the current status of the investigation, we firmly believe that
anyone who thinks that the man: (1) who owned the property; (2) who
initially claimed that he never goes there; (3) who blamed his family members
for "not doing the right thing" at a time when it was too early to conclude that
anyone had done anything wrong; and (4) who has since kept his mouth shut in the
face of damaging evidence is not the chief suspect in and ultimate target of the
ongoing investigation is naive, stupid, biased, or some combination of the
three.
POSTED 7:33
a.m. EDT, July 7, 2007
FEDS FOUND WHAT THEY WERE
LOOKING FOR
The Virginian-Pilot reports
that federal investigators on Friday removed 10 dog carcasses from shallow
graves on property owned by Falcons quarterback Mike Vick in Surry County,
Virginia.
In June, the feds reportedly found
seven dead animals on the property.
Even if Vick is ultimately not
charged for the extensive dog-fighting operation housed on property that he
owned, the fact that this kind of stuff was happening on real estate registered
to a prominent NFL quarterback is significant, and it likely will prompt calls
from animal rights groups for some type of punishment of Vick.
If Vick ultimately is indicted on
dog-fighting charges, all hell could break loose, with NFL sponsors and partners
rising up and demanding action.
Given that corporate sponsors were
able to bully MSNBC and CBS Radio into dumping Don Imus for making an off-color
joke, the NFL will find itself in a very delicate position if the guy who not
long ago was one of the faces of the entire league is facing allegations that he
knowingly hosted and/or participated in animal fighting.
POSTED 11:03
p.m. EDT, July 6, 2007; UPDATED 5:34 a.m. EDT, July 7, 2007
DOES "BAD NEWZ" EQUAL "NEWPORT
NEWS"?
The complaint filed earlier this
week by federal authorities hoping to assume possession of the dogs seized from
Mike Vick's Surry County, Virginia property in April alleges that the
dog-fighting operation there was known as the "Bad Newz Kennels."
Our own Taco Bill, who apparently
spends his spare time boning up on all of the latest slang posted on the
oft-hilarious Urban Dictionary, has found on the site an entry for "Newport
News," the town in Virginia where Vick grew up.
The first sentence reads as
follows: "Newport News,
affectionately known as Bad Newz is one of Virginia's largest cities in
perhaps the largest metropolitan area in Virginia."
Though this link doesn't
necessarily mean that Vick was involved in the dog-fighting operation, the fact
that it bears the street name of his hometown does nothing to distance him from
the enterprise housed on the property he owns.
In May, ESPN reported that Falcons
quarterback Mike Vick is a heavyweight in the dog fighting world.
Now, on the same day that the
federal agents returned to Vick's Surry County, Virginia property for the first
time in more than four weeks to search for "more" animal remains,
ESPN is reporting
that Vick is unlikely to be indicted.
So, basically, the net result of
ESPN's reporting is that Vick is a dog fighter, and that he will get away with
his crimes.
Frankly, we don't buy it.
We've inspected the documents obtained on Friday by the Associated Press,
and they outline a dog-fighting operation so detailed and extensive that there's
no way any reasonable person would believe that Vick was unaware of the venture,
especially if those early reports from Virginia television stations regarding
the frequency of his visits to the property are remotely accurate.
In support of its latest premise,
ESPN's report seems to emphasize the notion that Vick isn't named in the federal
complaint aimed at securing legal possession of the dogs that were seized from
the property. But no one is named in the complaint. Thus, under the
same reasoning, no one will be indicted.
Also, the presence of Len
Pasquarelli's name in the report makes it automatically suspect, in our opinion.
Pasquarelli has been the most ardent Vick apologist since news of the apparent
dog-fighting operation first broke, due in large part (we believe) to
Pasquarelli's friendship with Vick's agent, Joel Segal.
For the past two months,
Pasquarelli has been urging folks not to jump to conclusions prematurely.
So why should anyone conclude at this point that the guy who owned the property
that hosted the dog fights won't be held legally responsible?
ESPN reports that at least three
people are expected to be indicted. But that could merely be the first
wave of the indictments. Doesn't anyone think that the folks who are
charged will receive offers of leniency or immunity in exchange for giving up
others who might have been involved?
And why would the feds tell the
Falcons, the league, or anyone else that Vick likely won't be indicted? If
that aspect of the report is true, maybe the feds are hoping that Vick will let
his guard down a bit, perhaps by not focusing his efforts on ensuring that the
guys who get indicted won't snitch.
The bottom line is that it's still
far too early to conclude that Vick will be, or won't be, charged with a crime.
And we still think that the feds got involved in this matter in order to send
the strongest possible message to the rest of us regarding the connection
between crime and the consequences thereof. The only way to do that is to
fully and completely explore whether charges can be pursued against Vick.
The only way to know that is to round up the suspects, put their nuts in a vise,
and hope that someone will tell the truth about Vick's knowledge of (if any) and
involvement in (if any) the dog-fighting operation that was housed on the
property he owned.
But, hey, if Vick is never
indicted, we will remind everyone that ESPN's report was spot on. The flip
side of this coin, however, is that if/when Vick gets charged, we'll likely
revisit the subject.
POSTED 2:38
p.m. EDT; LAST UPDATED 3:24 p.m. EDT, July 6, 2007
POINDEXTER TAKES ANOTHER SHOT
AT FEDS
On the same day that federal
agents emerged from nearly a month of silence to return to the Surry County,
Virginia property of Falcons quarterback Mike Vick to search (reportedly) for
"more" animal remains, local prosecutor Gerald Poindexter couldn't resist the
opportunity to run his mouth -- and to further confirm our belief that he was
and is unfit to properly manage such a high-profile investigation.
Poindexter
previously suggested that the federal investigation might be motivated by race.
His latest remarks could be evidence of frustration regarding the criticism that
was heaped upon him in light of the appearance that he was dragging his feet in
the early stages of the investigation. The feds haven't been moving any
faster, but their decision to refrain from talking to the media about the matter
has largely insulated the Department of Agriculture's team from criticism.
Poindexter, in
contrast, was talking about the case on a near-daily basis, and regularly
contradicting himself.
As to the
question that Poindexter has posed, the feds won't answer it. Indeed,
if/when the feds arrest someone, there likely won't be any advance press release
or warning. That's the smart way to do it, and Poindexter would be wise to
watch and learn.
POSTED 9:17
a.m. EDT; LAST UPDATED 11:40 a.m. EDT, July 6, 2007
Citing unnamed sources, WAVY-TV
says that agents are "looking for more animal remains buried on the property."
The "more" is significant, because
it has not yet been reported with certainty that any animal remains were
found when feds searched the property for the first time last month. WVEC-TV
at one point posted an item on its web site suggesting that ESPN Radio had
reported the removal of carcasses from the property, but WVEC later explained
that the report of the report was erroneous.
With that said, video of from last
month's search by federal officials contained images of a worker fitting himself
with a mouth/nose mask (despite 90-degree temperatures), and one of the agents
was quoted as saying, "I hope I never see this place again."
UPDATE: Video on WAVY-TV's web site
shows agents digging at the site, and sifting through the dirt in search of dog
remains. Some are wearing masks -- and not paper mouth-and-nose masks, but
full-blown WWI-style gas masks. (Maybe they've finally found the WMDs.)
A league source with connections
to the Eastern Virginia legal community tells us that there is talk in the local
bar that Davon Boddie, the cousin of Falcons quarterback Mike Vick, has plunked
down a $1 million retainer with a criminal defense lawyer who specializes in
federal matters, in the event that Boddie is indicted for dog fighting or other
charges arising from his status as the main resident of Vick's Surry County,
Virginia home.
Last month, Boddie refused during
an interview with WAVY-TV to talk about the situation. "I got a little
French poodle, man," he said. "That's all I know."
Boddie also suggested during the
interview that the 60-plus dogs that were seized from the Vick property in late
April had been planted there by authorities.
If this specific item from the
rumor mill among Eastern Virginia lawyers is true (and we're not saying that it
is), a reasonable inference would be that Team Vick sees Boddie as someone who
could be flipped by the feds, and thus Team Vick has opted to make a generous
advance donation to Boddie's legal defense fund.
If Vick is paying for the
representation of Boddie, it also raises questions regarding the independence of
the lawyer. Rule 5.4(c) of the Virginia Rules of Professional Conduct
states that "[a] lawyer shall not permit a person who recommends, employs, or
pays the lawyer to render legal service for another to direct or regulate the
lawyer's professional judgment in rendering such legal services."
In English, this means that the
lawyer's job (if Boddie has indeed hired a lawyer with a seven-figure retainer
financed by Vick) is to protect and advance the best interests of Davon Boddie,
even if Boddie's best interests are adverse to the interests of the guy who
might have signed the check.
For example, if the feds offer
Boddie a sweetheart plea deal in return for testimony against Vick, the lawyer
can't advise Boddie against taking the deal because the lawyer believes that
part of what he is being paid for is to protect Mike Vick. The lawyer
needs to make the right decision for Boddie, even if it means recommending that
Boddie snitch on his cousin.
Of course, whether Boddie would
ever go Sammy the Bull on Vick is a completely different issue. Boddie
might very well be willing to go to jail for Vick -- especially if the pool from
which the possible $1 million retainer was paid can also be used to make it up
to Boddie once he's out of the big house.
POSTED 5:04
p.m. EDT, June 27, 2007
LOCAL AUTHORITIES NOT MOVING ON
VICK CASE by Michael David
Smith
When federal authorities announced
on June 8 that they were investigating dog fighting on property owned by Falcons
quarterback Mike Vick, the local authorities said they were continuing to move
forward with their own investigation.
It's been more than two weeks
since the local authorities said they would have that meeting, but today the
Atlanta Journal-Constitution reports that
authorities have not held a second evidence review.
They also haven't gathered any additional evidence from the property. That
raises the question of how, exactly, they can say they're moving forward when
they haven't reviewed the evidence that they already had or gone looking for any
new evidence.
This is the latest example of why
anyone who wants the truth to come out in this investigation should be thankful
that the feds got involved. Vick's property was raided in April, and for more
than two months we've heard conflicting stories from Poindexter about what his
office would do with the evidence gathered at that raid. Every time Poindexter
opens his mouth, he comes across as more clueless.
The feds, wisely, are keeping
quiet and keeping Poindexter out of their investigation.
POSTED 7:09
p.m. EDT, June 19, 2007
NIKE CALLS HUMANE SOCIETY'S
BLUFF
Athletic shoe giant Nike is
standing by its man.
Specifically, the company has
rejected a request from
the Humane Society to sever ties with Falcons quarterback Mike Vick, who has
been since late April embroiled in an investigation regarding dog fighting at
his Surry County, Virginia property.
"There is no change in the status
of the agreement between Nike and football player Michael Vick," Nike spokesman
Dean Stoyer said. "He is rightfully presumed innocent and afforded the same due
process as any citizen, rather than be tried in the court of public opinion.
Nike will continue to monitor the situation, but has nothing further to say at
this time."
Guys, guys, guys. The presumption
of innocence applies only to whether a person goes to jail, not to whether a guy
should continue to endorse products for a major corporation. O.J. Simpson got
his due process and was never convicted, but we doubt that he'll be getting a
shoe deal from Nike (or from Bruno Magli).
Besides, for a company that is
hoping to sell athletic shoes and other products to the general public,
the court of public opinion means everything.
But, for Nike, the specific
portion of the public about which it primarily is concerned (i.e.,
teenage boys who want to spend a lot of their parents' money on athletic shoes)
either don't know about Vick's legal troubles, don't care, or think it gives him
more street cred.
We predict that the Humane Scoiety
will take this thing to the next level, calling for all pet lovers to boycott
Nike products.
POSTED 12:46
p.m. EDT, June 19, 2007
VICK GETTING IMUSED?
Our pal Michael David Smith, who
moonlights for AOL's FanHouse when he isn't holding down the fort here (or is it
the other way around?), writes that the
Humane Society is calling on Nike to sever ties with Falcons quarterback
Mike Vick due to allegations that Vick's Surry County, Virginia property has
hosted illegal dog fighting.
The reasoning is that, even though
Vick hasn't been charged with a crime (yet), it's obvious that at a bare minimum
he has been unacceptably sloppy about what he has allowed others to do on land
he owns.
Without access to Vick's contract
with the shoe-making giant, we can't tell whether Nike can cut the cord at no
further obligation to him based on the evidence that already is available.
Despite the absence of an indictment (yet), Vick's silence in the wake of story
after story cementing his link to the operation is troubling.
And the Humane Society's letter to
Nike could be the first step in an effort to get other big-money corporations to
act. If, for example, Vick is arrested for dog fighting and the NFL doesn't
move swiftly to suspend him, the Humane Society and other groups could commence
an assault against the league's corporate partners. And once the folks who pay
the big money for the right to be the official something-or-other of the NFL
explain to Commissioner Roger Goodell that they can't risk a product like
Snickers being thrust into a national social controversy (eye
roll), the league might have no choice but to take action against Vick.
The test case is Nike. If the
Humane Society can prompt the folks who put a swoosh on shoes throughout the
world to pull the plug on the Michael Vick experience, the Humane Society will
have even more juice when the time comes to release the hounds on the NFL.
POSTED 9:22
a.m. EDT; LAST UPDATED 9:52 a.m. EDT, June 15, 2007
FEDS WISELY AREN'T SHARING INFO
WITH POINDEXTER
There has been an eerie silence
for the past week or so regarding the Mike Vick dog-fighting
investigation. A big part of the reason, in our view, is that the federal
authorities are smart enough to realize that nothing positive flows from talking
to the media about the inner workings of the case.
So it should surprise no one that
the first update in the past several days comes not from the feds, but from
Surry County, Virginia prosecutor Gerald Poindexter, who has shown no restraint
when it comes to talking to the media (often out of both sides of his mouth)
regarding the investigation.
Per the Virginian-Pilot,
Poindexter says that the federal officials have recently been in touch with
him. But Poindexter said that the feds didn't say whether they had found
dead dogs on the property during a June 7 search.
Why would they? So that
Poindexter could call a press conference to announce it?
Frankly, we're surprised that the
feds are having any contact with Poindexter. Our guess is that
their goal is to keep an eye on his "work" without telling him
anything about the federal investigation that he then could blab to the press.
As to the investigation being
conducted by Surry County authorities, Sheriff Harold Brown says that he still
has three or four persons to interview.
The fact that the flow of
information has died down doesn't mean that the case is languishing. If
anything, this period fairly could be characterized as the calm before the
coming storm.
POSTED 9:19
a.m. EDT, June 11, 2007
DON'T PAINT VICK AS A
VICTIM
by Michael David Smith
William C. Rhoden of the New
York Times is one of the intellectuals of the sports media world, a
columnist whose ponderous style gives him an air of authority, whether the
content of his columns is worthy or not.
Rhoden's column today (which is
available only to Times subscribers) is certainly not worthy. Despite
acknowledging in his first sentence that
Michael Vick might have been involved in dog fighting (even Vick's media
defenders aren't saying they think he's innocent) Rhoden spends the rest of the
column lambasting the federal government for its involvement in the case, saying
the feds are treating Vick unfairly and targeting him because of his celebrity.
And then Rhoden proceeds to supply
evidence that runs counter to his thesis. He notes that the feds were not
interested in helping local prosecutor Gerald Poindexter in a dog fighting
investigation a few years ago:
"A man named Benjamin Butts was
suspected of running a dog fighting operation. Dogs and training equipment were
found on the property, and Poindexter authorized a search of Butts's property,"
Rhoden writes. "The Butts case was dismissed by a judge who said the search
had violated his rights."
Rhoden sees the feds' lack of
interest in the Butts case as evidence that they're only interested in Vick
because he's a celebrity. But he fails to note another explanation: The feds
could think they have no choice but to get involved this time because the local
authorities botched a previous dog fighting investigation.
Is it possible that federal
authorities want to take down a big-name defendant like Vick? Sure. But the feds
wouldn't have gotten that opportunity if mounds of evidence related to dog
fighting hadn't been found on Vick's property. Rhoden is wrong to portray Vick
as a victim of anything other than his own actions.
POSTED 7:09
p.m. EDT; UPDATED 7:33 p.m. EDT, June 2007
NFLPA IN A QUANDARY ON VICK
A league source tells us that the
NFL Players Association quietly is wrestling with the question of whether, and
to what extent, it should be prepared to support Falcons quarterback Mike Vick,
if/when the state and federal investigations regarding dog fighting on his
Virginia property result in the filing of charges against him.
Per the source, the thinking in
league circles is that the union will find a way to provide some superficial
support for Vick, but without pushing the issue too aggressively.
In fact, some league insiders
believe that NFL Commissioner Roger Goodell's recent words of support for
embattled (perhaps) NFLPA executive director Gene Upshaw were aimed at part in
ensuring that the union will not go bonkos if/when Goodell acts against Vick.
WVEC COMES CLEAN ON DOG CARCASS
REPORT
The folks at WVEC-TV in Virginia
have posted on the station's web site an explanation of Friday's erroneous
report that, per ESPN Radio, nearly three dozen dog carcasses were found during
a Thursday search by federal authorities of Mike Vick's Surry County, Virginia
property.
Says WVEC: "Friday,
WVEC.com reported information about dog remains allegedly found at the Vick
property. We attributed the information to ESPN Radio. That
information was not reported by ESPN and cannot be confirmed by WVEC. We
regret the error."
With
that said, there are indications that dog remains were indeed found on the
property. Video shot by WVEC-TV showed workers donning breathing masks
despite 90-degree temperatures, and some of our readers believe that faint
images of dog carcasses can be seen in the video in question.
POSTED 7:00
a.m. EDT, June 9, 2007
VICK HAD "DOG YARD" IN SOUTH
CAROLINA
The Atlanta
Journal-Constitution reports that Falcons quarterback
Mike Vick had a "dog yard" in South Carolina, and that a former South
Carolina prosecutor assumed that the animals were "fighting dogs."
William Frick was the lead
prosecutor in the David Ray Tant dog fighting case. Tant pleaded guilty,
and he was sentenced to 40 years in jail.
Coincidentally, a South Carolina
prison inmate recently contacted officials in Surry County, Virginia regarding
Vick's involvement in dog fighting. Could the guy in question be Tant?
"I really don't know if they dealt
with each other," Frick told the AJC.
POSTED 6:22
a.m. EDT, June 9, 2007
WVEC DROPS CLAIM THAT 30-PLUS
DOG CARCASSES WERE FOUND
Several readers have pointed out
to us that WVEC-TV has dropped without explanation from its web site a statement
that ESPN Radio has reported that nearly three dozen dead dogs were found on the
property owned by Mike Vick in Surry County, Virginia.
Attention, WVEC: You can't
just make a claim like that, drop it, and make no mention as to why you've done
so.
We suspect that the error resulted
from WVEC's interpretation of an interview of ESPN's Kelly Naqi during Friday's
Dan Patrick Show on ESPN Radio. Naqi said that the suspicion was
that up to 37 dogs were buried on the property. She never said that 37
dogs have been actually found there.
With that said, it's our
understanding that WAVY-TV's Mary Kay Mallonee said during a Friday afternoon
appearance with Rick Ballou on 1010 XL in Jacksonville that dog carcasses were
found on the property, and that investigators were happy with the outcome of
the search.
POSTED 6:19
p.m. EDT, June 8, 2007
VICK'S COUSIN CLAIMS DOGS WERE
PLANTED?
Several readers have advised us
that Mike Vick's cousin, Davon Boddie, was interviewed by WAVY-TV on Thursday.
Boddie generally wouldn't comment
on issues of dogs and dog fighting at the house in Virginia owned by Vick and at
which Boddie lived. And at one point Boddie seems to suggest that the 66
live dogs were planted by investigators whom he claims were in the woods near
the property within a few days prior to the original search that yielded
evidence of a dog-fighting operation.
"I got a little French poodle,
man," he said. "That's all I know."
On several occasions, Boddie
claimed that it's all a "conspiracy." He also said that Vick never comes
to the property, despite prior media accounts that neighbors and others saw him
there from time to time.
Why in the hell is this guy saying
anything? Answering questions regarding some topics but saying "no
comment" on anything relating to dogs or dog fighting does nothing to prompt
anyone to believe that Vick isn't factually guilty of dog fighting.
ESPN Radio, by way of WVEC-TV,
reports that
nearly three dozen dog carcasses were found on property owned by Falcons
quarterback Mike Vick in Surry County, Virginia during a Thursday search by
federal authorities.
Also, Patrick Terpstra of WVEC
reports that Surry County prosecutor Gerald Poindexter will continue with his
own investigation into the case as the federal investigation proceeds.
Poindexter has toned down his
remarks regarding the federal involvement in the case, which as of Thursday
night contained some fairly inflammatory rhetoric. On Friday, Poindexter
said merely that it was a "breach of protocol" for the feds to search the land
without giving Poindexter advance notice.
We're also told that WAVY-TV
reporter Mary Kay Mallonee said on Friday afternoon during Rick Ballou's show on
1010 XL in Jacksonville that dog carcasses were indeed found on the property, and
that federal investigators were happy with the results of the search.
All things considered, it's not a
good outcome for Mr. Vick. The feds will come after him 100 times more
aggressively than a part-time prosecutor in a rural county with 7,000 residents
ever would or could, and the feds won't let go until the verdict and been
entered and all appeals have been exhausted.
Yeah, as in Mr. Vick won't be
"scheduling" any trips to Virginia while the "issues" regarding those
three-dozen dead dogs and other evidence suggesting that dog fighting was
occurring on his property are still pending.
Several weeks ago, our own Taco
Bill lampooned the Vick dog-fighting fiasco with a classic PFT Pic of the Day:
"Dog fighting? Man, I'm just
teaching them to play football."
POSTED 3:38
p.m. EDT, June 8, 2007
FALCONS ADDRESS VICK SITUATION
Several readers and
media members have sent to us a copy of a letter than Falcons owner Arthur Blank
and G.M. Rich McKay sent on Friday to the franchise's season ticket
holders.
The letter appears
to be an exercise in damage control due to the ever-unfolding Mike Vick
dog-fighting investigation.
The full text of it
appears below. . . .
June 8, 2007
To Our Season
Ticket Holders:
This off-season has
certainly presented a lot of challenges to us, and we realize it has been
difficult for our fans. Therefore, we thought it would be helpful to let you
know where we are as an organization.
Any time a player
in our league – and especially a Falcons player – shows up in a negative light
for any act, it is disappointing to us. While unsubstantiated to date, the
current public situation concerning Michael Vick puts us in a particularly
difficult spot because of the daily attention it is receiving in the media, and
our inability to respond because we don't yet have all the facts with which to
deal.
We hope you
understand it would be inappropriate and premature to make any definitive
statements or take any action until we know the facts. Therefore, we are
awaiting the outcome of the investigation just as you are. For the benefit
of our fans, the Falcons and Michael, we hope there will be a quick and clear
resolution to this matter so we all can move forward.
In the meantime, we
want you to realize there are many examples of our organization impacting our
community in a very positive manner.
We have a large
number of players on our football team who go above and beyond in giving back to
our community. For example, this off-season Tight End Alge Crumpler was one of
four NFL players who spent 12 days on a USO tour to U.S. military bases in Iraq
and Afghanistan. Defensive Tackle Rod Coleman, through his foundation,
gave metro Atlanta teenagers a head start on their adult careers by sending them
to a Youth Business Camp. Linebacker Keith Brooking continued his efforts
to serve foster children through a golf tournament fundraiser and an upcoming
Tailgate Kick-Off fundraising event. Veteran Fullback, and first-year
Falcon, Ovie Mughelli is in the process of adding Atlanta as a site for his Ovie
Mughelli Project, which seeks to improve the quality of life for underprivileged
children through summer football camps and educational programs. And, 2004
Walter Payton Man of the Year recipient, Running Back Warrick Dunn has touched
the lives of 69 single parents and a collective 181 children, helping them to
become first-time homeowners by making down payments on new fully-furnished
homes. Finally, a good number of our players are participants throughout the
year in activities funded by the Atlanta Falcons Youth Foundation, which to date
has provided more than $10 million in grants to nonprofit organizations across
the state of Georgia.
These are just a
few examples of our community commitment. We cite these examples not in
any way to diminish any concerns you might have right now, but to encourage you
to keep a perspective on the collective efforts of our players and our club.
Be assured we are
intensely focused on preparing for the 2007 season. We are very encouraged
by Head Coach Bobby Petrino's efforts in putting together an exciting team and
schemes to make us highly competitive on the field. There is no doubt that
Bobby’s expectations for our team are clear with our players, and their
dedication is evident in the mini-camps and other practices that have taken
place to date. The attendance and dedication of our players – including
Michael – this off-season has been outstanding. We fully expect that to
translate to a very successful 2007 campaign.
Over the last five
years, we have worked very hard to build a winning team and a respected
franchise for our fans and the Atlanta community. You have responded in a
positive manner, and we thank you for your support and loyalty. We
respectfully ask for your understanding as we work through our current
situation.
Sincerely,
Arthur Blank
Rich McKay Owner & CEO
President & General Manager
POSTED 12:00
p.m. EDT, June 8, 2007
"I HOPE I
NEVER SEE THIS PLACE AGAIN"
The Associated
Press reports that an unidentified man who was assisting with Thursday's
investigation of Mike Vick's property in Surry County, Virginia said while
exiting the premises: "I
hope I never see this place again."
The comment came
at the end of a day of digging and, apparently, evidence removal from the
property. But the AP says that all that was removed was a cardboard
box and a large piece of plywood. To the extent that dog carcasses were
found on the property, it's unclear to us whether the feds would actually take
possession of the rotting remains, or whether the animal corpses would be
photographed and officers would prepare a report of the number and type of
animals that were found.
Let's face it, if
the back end of Vick's property contained a makeshift canine cemetery, there's
really no reason to do autopsies on the animals. Especially if any of the
bodies reveal gaping holes from bullets fired into them after losing a dog
fight.
Still, it's
impossible to know what the person meant when proclaiming, "I hope I never
see this place again." It could have been a statement of frustration
due to the absence of any incriminating evidence. Or it could have been a
comment on the gruesome nature of the discoveries that might have been made
there.
POSTED 7:38
a.m. EDT; LAST UPDATED 8:44 a.m. EDT, June 8, 2007
MASKS USED AT VICK DIG SITE
Remember the scene in
Goodfellas where Liotta and Pesci and DeNiro had to dig up the body of Billy
Batts and move it to a new spot because a condo or something was going to be
built on the land where Batts' body originally had been planted?
Liotta's character was throwing up
all over himself due to the odor, while Pesci's character was cracking wise
about different types of food.
We thought of that scene while
watching
video on WVEC-TV of federal investigators digging a hole on Mike Vick's
property in Surry County, Virginia.
Though we didn't see any arms or
legs (or wings) in the dirt, the tail end of the video shows one of the
investigators fitting his face with a paper mouth/nose mask.
So why would someone want to wear
a mask over his breathing holes on a 90-degree June day, unless the shovels had
uncovered something that stinks pretty bad? Something like, say, a rotting
dog carcass.
Unless, of course, that's the spot
where Liotta and the guys finally put Billy Batts.
POSTED 10:29
p.m. EDT, June 7, 2007
POINDEXTER PLAYS THE RACE CARD
Surry County, Virginia prosecutor
Gerald Poindexter is providing even more justification for the decision of the
feds to take over the Mike Vick dog-fighting investigation. Instead of
shutting his mouth and getting on with his life, Poindexter is complaining about
the fact that someone has finally begun to develop the evidence in the case.
Before going any further, we need
to explain something. We want to see Vick prosecuted and convicted if --
and only if -- he is factually guilty of aiding, abetting, and/or engaging in
illegal dog fighting, and any related offenses such as gambling and tax evasion.
Based on the failure of Vick to say anything at all in response to piece after
piece of damning evidence, it's hard not to conclude that he's factually guilty
of, at a minimum, dog fighting.
For example, when ESPN made its
late arrival to the party with a bombshell from an informant whose face was
hidden and voice concealed, Vick didn't immediately release a statement denying
that he ever was at a dog fight, and Vick didn't demand a retraction from ESPN
for this serious accusation.
In a court of law, it's
irrelevant. In the court of public opinion, it points to factual guilt.
And as we learned in law school,
there's a big difference between factual guilt and legal guilt. A guy
might have "done it," but in the eyes of the law he's not factually guilty until
a jury returns a verdict based on the inherently difficult standard of proof
beyond a reasonable doubt.
Case in point -- O.J. Simpson.
He was factually guilty, but ultimately found to be legally innocent.
We'd been concerned for weeks that
the apparent factual guilt of Mike Vick would never result in a finding of legal
guilt (or even in an effort to prove legal guilt via a trial) because
Poindexter, a part-time prosecutor, didn't want to be snowed under by a dream
team that would have made his life miserable for the next 20 months. We
dismissed the notion that Poindexter was giving Vick a pass based on their
shared race. Though e-mail after e-mail from readers suggested that
Poindexter was dragging his feet for that reason, we continued to adhere to the
notion that Poindexter simply didn't want to take on the Herculean task of
convicting a man rich enough to buy a horde of lawyers who can crap reasonable
doubt on a Saturday afternoon.
Tonight, we're not so sure.
Poindexter is openly suggesting that the federal takeover of the investigation
was motivated by race. And his Uncle Leo style resort to this presumption
suggests that Poindexter perhaps was and is motivated by such matters in his own
mind.
"There's a larger thing here, and
it has nothing to do with any breach of protocol," Poindexter said after the
investigation was wrested from him. "There's something awful going on
here. I don't know if it's racial. I don't know what it is."
Poindexter had more to say:
"What is
foreign to me is the federal government getting into a
dogfighting case. I know it's been done, but what's
driving this? Is it this boy's celebrity? Would
they have done this if it wasn't Michael Vick?
"Apparently
these people want it. They want it, and I don't
believe they want it because of the serious criminal
consequences involved. . . . They want it because
Michael Vick may be involved."
In our view,
it is about celebrity, but not about race.
Martha Stewart was prosecuted based on celebrity, not race.
Scooter Libby was prosecuted based on celebrity, not race.
The reality is that, by periodically felling a tall tree,
the feds can create a ruckus in the forest loud enough to
let the rest of us know that no one is above the law, and
that if we don't stay on the right side of the rules of
society, we can get chopped down, too.
The other
problem with Poindexter's remarks is that he is potentially
poisoning the jury pool, planting the notion in the minds of
any African-American jurors that any prosecution was tainted
by racism.
To the
contrary, Mr. Poindexter, the feds apparently have been
looking into this matter on their own. Unlike
yourself, they've likely been receptive to offers of
assistance from groups like NFL Security. And they've
probably been applying basic common sense in reaching the
conclusion that Vick very likely is factually guilty.
Now, they're
commencing the process of determining whether they can show
that he is legally guilty.
And
Poindexter's tantrum tells us that, regardless of his
motivation, he was determined to give Vick a pass.
The search warrant was issued on
Thursday by a federal magistrate judge in Richmond.
All things considered, this is a
horrible development for Vick. It means that the federal government is
fully engaged in the process, and that Mike can expect to be contacted soon to
provide his side of the story.
If he chooses to talk, he should
also tell the truth. If he thinks he can pull a fast one on the feds, he
should chat with Martha Stewart or Scooter Libby.
Alternatively, Vick could invoke
his Fifth Amendment right against self-incrimination. In the court of
public opinion, however, that's the equivalent of admitting guilt. (Then
again, his weeks of silence in the face of damning evidence has already taken
care of that one.)
If Vick faces federal charges, he
won't be in front of a jury plucked from rural Surry County. The jurors
will come from a much broader swath of countryside.
Oh, and prosecutor Gerald
Poindexter is off the case. Finally.
The search comes only a week or so
after Poindexter and Sheriff Harold Brown put the kibosh (whatever in the hell a
kibosh is) on a search warrant issued on May 25 by a Surry County magistrate.
According to the Atlanta
Journal-Constitution, the feds have taken control of the investigation.
Said Poindexter: "Mike Vick,
is he the target? Who else would be? I never imagined such interest.
So why are the feds on the case?
"Obviously
if the feds come in, the jurisdictional basis is some sort of interstate
violation," Poindexter said. "We don't know what it is -- the training of
dogs, gambling racketeering, whatever they want to call it."
Poindexter was
advised at 3:15 p.m. EDT that federal agents and state police were at the
property. Poindexter was told that a search was proceeding pursuant to a
"sealed" warrant obtained by federal authorities.
We have
previously argued that Poindexter should be removed from the case. Though
some have argued that he should not be criticized for moving deliberately, his
wishy-washy public remarks coupled with the perception of foot-dragging were
creating the impression of incompetence at best, corruption at worst.
POSTED 4:39
p.m. EDT, June 6, 2007
INFORMANTS SAY VICK ATTENDED
DOG FIGHTS
Surry County, Virginia Sheriff
Harold Brown says that people who have come forward in connection with the Mike
Vick dog-fighting investigation say that Vick
attended dog fights.
Brown also said that Vick will be
charged if investigators can find evidence backing those claims.
Gee. What might such
evidence be?
HEY GUYS -- HOW ABOUT THE 66
CANINES AND THE DOG-FIGHTING PARAPHERNALIA FOUND ON THE PROPERTY THAT VICK OWNS?
This really is getting
ridiculous. Vick owned real estate in Virginia. On that property,
evidence of dog fighting was found. Neighbors and other locals say that
Vick was frequently there. Vick claims he never goes there, presumably to
cover up his knowledge of and involvement in the activities. As item after
item of incriminating evidence has been reported by the "real" media,
Vick has uttered not a peep. Under what warped notion of common sense does
this not point directly to, at a minimum, charging the guy with a crime?
And now there are people who say
that they have seen Vick at dog fights. What
evidence do the authorities need to back up these claims? There are ways
to check out the story in order to ensure that the cops aren't dealing with a
John Mark Karr nut job who merely wants attention. Where do these people
claim that the fights occurred? When did they happen? Where was Vick
at the time? Surely, his deal with AirTran resulted in some type of a
paper trail as to his travel habits. (The AirTran records might also come
in handy with respect to the whole "I never go to Surry County"
thing.)
But if the Sheriff or the
prosecutor won't accept what these witnesses are willing to say without
photographic or video evidence of them standing next to Vick at the edge of the
dog-fighting pit, why not just close the case right now? It would save all
of us who have been following the case a lot of time and trouble.
POSTED 10:11
a.m. EDT, June 5, 2007
POINDEXTER CONTINUE TO SPEAK
OUT OF BOTH SIDES OF HIS MOUTH
Surry County, Virginia prosecutor
Gerald Poindexter continues to inspire zero confidence regarding his handling of
the investigation regarding evidence of possible dog-fighting found at Mike
Vick's property in late April.
According to the New York Daily
News, Poindexter said on Monday that he
still has no evidence linking Vick to the activities that were (or were not)
occurring on the land he owned (or still owns).
"Evidence is a gun, sworn
testimony, an affidavit," Poindexter said. "I don't have any
evidence. I don't have any investigative reports, none whatsoever.
That doesn't mean that the leading investigator in this case is not working
vigorously."
Actually, Mr. Poindexter, evidence
is the cache of dog-fighting paraphernalia that was found on the property that
Vick owned. Evidence also is the bloody carpet and blood spatters that
ordinarily wouldn't result from a legitimate dog-breeding operation.
Furthermore, evidence is the stuff
that the search warrant for dog carcasses buried on the land might reveal, if
the warrant hadn't been killed by Poindexter -- or if it were re-drafted by
Poindexter to resolve his supposed concerns regarding the language of the
document.
And yet despite a string of
contradictory statements that he has made and circumstances suggesting he's not
pursuing the case as diligently as he could or should, Poindexter believes that
all is well. "We are going to do the best we can," Poindexter
said. "I am not afraid of convicting Michael Vick or anybody else that
might have been involved in dogfighting in Surry County."
DID STOLEN ITEMS POSSIBLY HAVE
VALUE TO THE CASE?
The only development regarding the
Mike Vick dog-fighting investigation on Monday was news that his house had been
burglarized at some point between May 7 and May 18, and Poindexter's predictable
claim that various items stolen from the house have no relevance to the
investigation.
But how can anyone be sure?
Apart from what might have been lurking in the bottom of that wet/dry vacuum
clear, what if the house also was scoured by the "burglars" for any
video or photographic evidence that wasn't found when investigators recovered
the dogs and the equipment from the buildings in the back of the
property? What if the theft of the three plasma televisions and the
couch was merely cover for a more sinister goal?
Instead of presuming that the
theft was merely "feuding
over the spoils," shouldn't Poindexter be tracking down all of the
persons who lived in that house to confirm that it was only about claiming
property and not about covering tracks?
In our view, the only hope that
any semblance of justice will be done in this case is if Poindexter is relieved
of responsibility for this investigation right now. With each passing day,
it'll be harder and harder to repair the damage that his thumb-twiddling is
causing.
POSTED 8:43
p.m. EDT; LAST UPDATED 9:20 p.m. EDT, June 4, 2007
Surry County prosecutor Gerald
Poindexter doesn't think that the thieves were trying to abscond with any
evidence that might be used against Vick in connection with a pending
investigation regarding dog fighting.
Taken from the home were three
plasma-screen televisions, two floor buffers, a wet/dry vacuum, an upright
washer and dryer, and a leather sofa. And three dog skeletons.
(Okay, were kidding about that. Leather sofa . . . right.)
Meanwhile, the investigation
regarding the dog fighting thing is moving along. Or whatever.
"I don't have, to date, one
investigative report," Poindexter said. "I have nothing on my desk.
I'm in touch with people who can assure me they can provide me the stuff.
That's where we are."
POSTED 2:26
p.m. EDT; LAST UPDATED 3:51 p.m. EDT, June 2, 2007
REEVES SAYS HE DIDN'T SEE
DOG-FIGHTING LINK WITH VICK
Former Falcons coach Dan Reeves,
who coached quarterback Mike Vick for the first three years of his career, says
that he was aware of no link between Vick and dog fighting.
Reeves says that, before the
Falcons traded up in 2001 to make Vick the No. 1 overall pick in the draft, NFL
Security told him that there were no concerns about the Virginia Tech phenom.
Neither did Vick's college coach.
"I
spent a lot of time talking to [Virginia Tech
football coach Frank Beamer], and he certainly
didn't know anything about [Vick and dogfighting],"
Reeves told the Atlanta Journal-Constitution.
"I
never heard anythin