Talk:Bad Newz Kennels dog fighting investigation

[edit] Federal laws

On July 17, 2007, Vick and three other men were indicted by a federal grand jury for felony and misdemeanor charges involving a 6-year long interstate dog fighting venture called "Bad Newz Kennels" and tens of thousands of dollars in gambling activities. Authorities contend that Vick's 15-acre estate in Surry County near Smithfield, Virginia was purchased and developed specifically for the "continuing criminal enterprise."

Even within a controversial and brutal blood sport, the federal allegations detailed exceptionally extreme violence involving execution of losing and under-performing dogs, including Vick's direct involvement, drawing widespread protests and expressions of public outrage regarding dog fighting and animal cruelty. Vick supporters and animal rights groups each waged public campaigns.

Following a detention hearing and arraignment on federal counts on July 26 in U.S. District Court in Richmond, Vick was released to bail under direct supervision of the U.S. District Court in Richmond pending a trial on November 26, 2007. The charges carried a maximum penalty of six years in prison. After his arraignment, corporate sponsors including Nike, Reebok, NFL Shops and trading card companies withdrew Vick-related products from retail sale.

In early August, co-defendant Tony Taylor submitted a guilty plea. The related plea agreement confirmed many details of the federal indictment, notably Vick's participation in the "continuing criminal enterprise." More seriously, Taylor named Vick as the primary financial source for the dogfighting operation. By August 13, Vick's other two co-defendants, Purnell Peace, 35, and Quanis Phillips, 28, had also agreed to also plead guilty under their own plea agreements.^[1][2]

The Richmond Times-Dispatch reported on August 15 that a federal grand jury in Richmond was due to begin hearing new allegations against Vick stemming from the dogfighting case beginning the week of August 20. At Vick's arraignment, they had announced their intention to file a superseding indictment against him.^[3] Despite reports that Vick had until the morning of August 17 to accept a deal, Vick's lawyers denied that there ever was a deadline.^[4]

ESPN legal analyst Lester Munson suggested that Peace and Phillips' guilty pleas put Vick in a "legal checkmate," as their testimony, added to the other five potential witnesses the prosecutors already had, would make it very difficult (if not impossible) for Vick's legal team to mount an effective defense. He also suggested that the superseding indictment would include charges under the Racketeer Influenced and Corrupt Organizations Act (RICO). This law carries much more severe penalties than those under the current indictment (20 years in prison per racketeering count, plus treble damages), and is also relatively easy to prove in court^[2] as it focuses on patterns of criminal behavior rather than specific criminal acts. A source close to the investigation told the (Norfolk) Virginian-Pilot that federal prosecutors were seriously considering RICO charges in any superseding indictment.^[4] A RICO indictment would have also made it very difficult for Vick to pay his attorneys, as the prosecutors would have almost certainly asked Hudson to freeze Vick's assets; this provision was put in place to ensure there is something to seize in the event of a guilty verdict. Speculation surrounding RICO charges may have come from the specific "continuing criminal enterprise" language in the original indictment and in Taylor's plea agreement. A key element of proving racketeering is the existence of a "criminal enterprise," and the gambling alleged in the case would have qualified as an indictable offense under RICO since it took place on several occasions within the 10-year window required by the law.

According to the Journal-Constitution, Vick's legal team began talks with federal prosecutors regarding a possible plea agreement. Initially, they sought a deal that would have dropped the conspiracy charge (a felony) and allow Vick to plead guilty to one or both counts related to the dogfighting operation itself (both misdemeanors).^[5] However, the Times-Dispatch reported that prosecutors offered a deal in which Vick would plead guilty to the conspiracy charge.^[6] The negotiations were prompted by the co-defendants' guilty pleas, which a spokesman for Vick's legal team said that they "didn't see ... coming."^[7]

As the weekend progressed, sources familiar with the negotiations told ESPN that Vick was still considering all of his options and wanted as much information as possible before deciding to accept a plea deal. One sticking point, according to one source, was avoiding state charges (see below).^[8]

On August 17, Peace and Phillips appeared before Judge Hudson at the U.S. District Court in Richmond. They entered their guilty pleas, plea agreements, and related allocutions. They also agreed to testify if the government requests it from them. Phillips' bail was revoked due to failing a drug test.

Hudson told Peace and Phillips that because of the "victimization and execution of pit bull dogs" described in court filings, they would face an "upward departure" from sentencing guidelines. The aggravating factors will be taken into consideration at sentencing, which means they could face harsher punishments at their sentencing on November 30.

The documents filed with the court and obtained by the news media under the provisions of the U.S. Freedom of Information Act provided confirmation of portions of that contained in Taylor's earlier plea agreement and also gave more detail of co-defendant Vick's roles. Notable points reported by the news media include:

• Vick "almost exclusively" funded the dogfighting operation known as Bad Newz Kennels, but he did not share in the proceeds.

• Vick, Taylor, Peace and Phillips posed for a photo with Jane, a pit bull dog, before a fight against a female pit bull dog owned by Lockjaw Kennels from North Carolina. The fight happened in North Carolina in the spring of 2003.

• Peace, Phillips and Vick killed about eight dogs that failed to fight well after testing sessions in April 2007. Peace's summary of facts reads in part: "All three participated in executing the dogs. Peace agrees and stipulates that these dogs all died as a result of the collective efforts of Peace, Phillips and Vick."^[9]

Copies of some of the documents were made available by the Newport News Daily Press at:

• Summary of Facts from Quanis Phillips' plea agreement (PDF, 12 pages)

• Summary of Facts from Purnell Peace's plea agreement (PDF, 12 pages)

• Purnell Peace's plea agreement (PDF, 12 pages)

On August 20, Vick's lead attorney, Billy Martin, announced that over the weekend, Vick reached an agreement with federal prosecutors to plead guilty. Terms were not disclosed, but it has been assumed that he has agreed to plead guilty to the conspiracy charge. In return, Vick would have to cooperate with the government, and submit a detailed allocution regarding his role in the operation--including the specific methods used to kill the dogs and any role in the high-stakes gambling. The conspiracy charge carries a maximum sentence of five years in prison, but based upon sentencing guidelines, he would be likely to be sentenced to only 12 to 18 months in federal prison.^[10] Vick is expected to appear in court on August 27th. However, Judge Hudson would not be bound by any sentencing agreement; he has a reputation for handing down long jail terms. He would also consider the results of an investigation by federal probation officials, who would submit a pre-sentencing report that only Hudson would view.^[11] As mentioned above, Hudson indicated in his statement to Peace and Phillips that he found the facts of the case particularly aggravating.

Munson said that Vick's plea was in essence, a "surrender" because they kept getting bad news from the prosecutors, and the NFL refused to entertain offers to negotiate a deal that would ensure he could return to the league (see below). He also said that Vick could be looking at a sentence of 24 months or more if he can't convince Hudson that he will be a good citizen once he gets out of prison.^[11] Another ESPN legal analyst, Roger Cossack, speculated on an August 20 edition of SportsCenter that Vick could face a sentence closer to the maximum, given Hudson's reputation.

On August 24, Vick filed his guilty plea and allocution with the federal court in Richmond. As expected, he pleaded guilty to felony conspiracy to operate an interstate dogfighting ring. He admitted to providing most of the financing for the operation itself, as well as participating directly in several dogfights in Virginia, North Carolina, South Carolina and Maryland. He also admitted to sharing in the proceeds from these dog fights. He also admitted that he knew his colleagues killed several dogs who didn't perform well enough. However, while he admitted to providing some of the money for gambling on the fights, he denied placing any side bets on the dogfights. He also denied actually killing any dogs himself.^[12]

As part of his plea deal, Vick will have to cooperate with the prosecution, as well as forfeit the Surry County property to the government. Unless he is pardoned by the President, Vick will be considered a convicted felon for the rest of his life.

[edit] Local (state) laws

Although the federal investigation and charges placed drew most publicity in July and August, 2007, the local investigation and consideration of charges under violations of state laws were also continuing. Because Virginia is organized as a Commonwealth state, local jurisdictions are legally part of the state government. In this context, local and state have the same meaning, but are very separate legally from federal authorities and courts. The federal charges outcome and any plea bargain Vick might reach with federal prosecutors would have no official standing in the local case. Double jeopardy concepts would not apply to state and federal overlapping cases.

On July 24, Surry County Sheriff Harold D. Brown stated that he felt certain state indictments for additional charges in Virginia would be returned by a local grand jury during its September session. However, no individuals have been named as target(s) to date. Until August 17, there had also been no indication of how many charges might be presented to the grand jury in Surry County. Over fifty dogs were seized, in addition to carcasses recovered, and a number of the interstate fight events, all with attendant gambling activities, were allegedly hosted at Vick's Surry County estate.

On August 17, Surry County Commonwealth's Attorney Gerald Poindexter told WVEC-TV, the ABC affiliate in Hampton, that the admissions contained in the federal plea agreements filed by Purnell Peace and Quanis Phillips "a road map to indictments in Surry County."^[13] The plea agreements implicate all four men, Peace, Phillips, Taylor and Vick in both dog fighting and the killing of dogs. It had been noted in earlier media reports that one of the agreements states that eight dogs were killed jointly by Peace, Phillips and Vick in April 2007 (prior to the April 25 search).

Poindexter told WVEC that he's looking at two felony counts: dogfighting and killing of a companion animal. The maximum sentence in Virginia for each charge is five years. "We believed we had evidence and this is the first time someone's admitted to it. It's sad and outrageous. It's gruesome," he added.^[13]

Later in the day, Poindexter told the Journal-Constitution that "yes, indeed, we will prosecute" Vick and others involved for animal cruelty, dogfighting and other offenses. Poindexter called the methods detailed in Peace and Phillips' statements "startlingly offensive and demanding of prosecution."^[14] He intends to present evidence to a Surry County grand jury on September 25. ESPN reported that Vick could face up to 40 years in prison under state law. His legal team was reportedly trying to get any state charges dropped if he accepted the plea deal offered by federal prosecutors,^[8] even though they have no official standing in the local case. While it isn't clear whether Vick will serve any resulting prison term concurrently or consecutively with his federal sentence, Munson believes that Vick will serve any sentence concurrently.^[11]

[edit] League and Falcons reaction

The NFL initially announced that it would not take action against Vick unless he was found guilty. Commissioner Roger Goodell, however, said through his personal assistant that Vick would face "significant discipline" if found guilty.^[15] Vick himself personally apologized to Falcons owner Arthur Blank on July 19, 2007.^[16] In subsequent meetings with Goodell, Vick adamantly denied any role in the dog fighting operation.

However, on that same day, according to reports from ESPN's Chris Mortensen and Len Pasquarelli, as well as the Atlanta Journal-Constitution; the NFL, NFL Players Association and Falcons officials began what was described as an "urgent" collaborative effort to persuade Vick to miss the 2007 season. Mortensen said on several ESPN programs on July 20 sources familiar with the talks told him that no one was comfortable with Vick playing for the Falcons until the case was resolved. Among other things, Mortensen said that there was a possibility that if Vick played in 2007, it could make potential jurors think he wasn't taking the case seriously and that he needed to "lose this season in order to play 10 more."

Finally, on July 23, after days of public statements, protests, and demands for Vick's suspension, Goodell ordered Vick not to report to Falcons training camp while the league investigated the matter.^[17] That night, Mortensen said on ESPNEWS that Goodell acted because Blank was ready to suspend Vick for the first four games of the 2007 season--the maximum permitted under the collective bargaining agreement for conduct detrimental to the team.

This was confirmed by the Falcons the next day. In a press conference, Blank said that he and general manager Rich McKay had already drafted a letter to Vick regarding the four-game suspension. He also said that Vick should give up any thoughts of playing while the case is pending, even if it meant missing the entire season. Blank and McKay both said they were shocked at the allegations. Blank said that the Vick portrayed in the indictment "is certainly not the player or the person that I knew the last six years," while McKay said that "there was no indication, no signs, no whispers" that Vick could have been involved in this type of activity.^[18] However, even without the Falcons' opposition to Vick's return pending the resolution of the case, the terms of his bail do not allow him to leave the commonwealth of Virginia until the trial.^[19]

Although it was initially thought that Vick's legal team would have to negotiate a deal with the NFL that would allow his return at some point,^[5]Goodell rejected any offers to meet with Vick's representatives. He also refused to say what the league would do if Vick admitted to certain facts under a plea agreement.^[7] On August 17, it was reported that Goodell stated he wants the legal process to run its course before he rules on Vick's future in the league.^[20]

After Vick's co-defendants pleaded guilty, Blank said that their statements of fact "don't match up with what the league was told (by Vick), even our organization and certainly not what was said to the commissioner." He told ESPN's Sal Paolantonio that he expected Vick to plead guilty.^[21] He also said that once all the facts were in, the Falcons intended to "move very decisively."^[22]

After Vick's plea agreement was announced, the NFL issued its own statement in which it "totally condemn(ed)" the conduct detailed in the charges and said that Vick was admitting to behavior that was "inconsistent with what (he) told our office and the Falcons." Mortensen said on SportsCenter that Vick's initial denial of any involvement was by itself a violation of the Personal Conduct Policy.

On August 24, only hours after Vick filed his guilty plea with the court, Goodell suspended Vick indefinitely without pay. In a letter to Vick, Goodell said that Vick had admitted to conduct that was "not only illegal, but also cruel and reprehensible." He also said that merely providing money for gambling purposes "violate(d) the terms of your NFL Player Contract," even if he didn't place any bets himself. He also informed the Falcons that they were now free to recover part of Vick's signing bonus.^[23]

Technically, Vick is a first-time offender under the league's Personal Conduct Policy. First-time offenders usually have to undergo an evaluation and, if required, counseling. They would also be subject to a fine and/or a suspension without pay. However, Goodell had been expected to hand down a stiffer punishment because of Vick's involvement in gambling across state lines. The NFL, like most professional sports leagues, does not allow its players to be involved in any form of gambling activity, even if it is legal. Under NFL policy, a player can be banned from the league for life for gambling or associating with gamblers, even if he is a first-time offender.^[24]

Blank issued a statement strongly supporting Goodell's decision, calling Vick's admitted behavior "incomprehensible and unacceptable for a member of the National Football League and the Atlanta Falcons." He also said that he hoped Vick would "use this time, not only to further address his legal matters, but to take positive steps to improve his personal life."^[25] In a press conference on August 27, Blank said that the Falcons have no immediate plans to cut Vick (though they theoretically could have done so immediately, as Goodell ruled that Vick had breached his contract), but they do intend to recover $22 million of his signing bonus. McKay sent a demand letter to Vick's representatives earlier in the day. Vick must remain on the roster while the Falcons pursue his bonus money. Blank did not rule out the possibility of Vick returning,^[26] nearly all media reports suggest that Vick will never play another down for the Falcons again.

ESPN's John Clayton speculated in an August 17 column that if the Falcons do sever ties with Vick, it would be difficult, if not impossible, for Vick to catch on with another NFL team. The Canadian Football League is not a realistic option for Vick should he be unable to get reinstated to the NFL; it recently instituted a policy barring suspended NFL players from playing in the CFL, and it is nearly impossible for a convicted felon to get a Canadian visa.^[27]

[edit] Vick statement

Following his court appearance on August 27, Vick made a statement at a press conference at the Omni Richmond Hotel in Richmond, Virginia, in which he apologized to many of the people he was "not honest and forthright" with, as well as to children who looked up to him, as well as denounced dog fighting.^[28]