blacksaint

Falcons QB would serve prison time if agreement reached

By BILL RANKIN, D. ORLANDO LEDBETTER
The Atlanta Journal-Constitution

Published on: 08/15/07

Faced with the likelihood that a new federal indictment will charge Falcons quarterback Michael Vick with more serious dogfighting offenses, his attorneys Tuesday were seeking a plea deal that limits his prison time and saves his NFL career, according to people with knowledge of the negotiations.

Early next week a federal grand jury in Richmond, Va., will begin hearing new allegations against Vick. This means Vick has until the end of the week to reach a deal or face more serious charges.

Vick's legal team not only must negotiate with the U.S. Attorney's Office, but with the NFL as well. If Vick cannot secure a deal that saves his NFL career, he could decide to go to trial, risking a lengthy prison sentence if he is convicted.

Atlanta lawyer Dan Meachum, a member of Vick's defense team, declined to comment Tuesday on any possible negotiations.

"I stand by Michael Vick," Meachum said. "He's a good kid in a bad situation. I'm a dog owner, a dog lover. I would not be involved in this case if I didn't believe in him."

The plea negotiations follow news that two more of Vick's three co-defendants are scheduled to enter guilty pleas later this week as part of a deal with prosecutors.

Vick's motivation to enter a guilty plea is fueled by the announcement of the U.S. Attorney's Office last month that it will seek a second "superseding" indictment against Vick that would bring the more serious charges. The federal grand jury in Richmond is scheduled to meet again on Monday, effectively giving Vick a deadline to make up his mind.

"It is a very intense, complicated and challenging moment for him," said Atlanta defense attorney Ed Garland, who represented NFL stars Ray Lewis and Jamal Lewis in criminal cases in Atlanta and secured their continued playing careers. "If his lawyers are convinced there is no viable defense, they have little choice but to create a resolution."

Vick stands indicted of a single count of conspiracy to cross state lines to engage in illegal gambling; sponsor a dog in an animal fighting venture; and buy, transport and receive dogs for animal fighting. The maximum penalty for the conspiracy charge is five years in prison. But if Vick were to plead guilty, he is expected to face no more than a year in prison, according to federal guidelines.

If Vick could negotiate a deal that drops the conspiracy charge and allows him to only admit a role in the dogfighting offenses — which are misdemeanors — he could face even less time.

Vick entered a not guilty plea during his July 26 appearance at the U.S. District Courthouse in Richmond. Following that hearing, one of Vick's defense attorneys, Billy Martin, said the legal team intended to prove Vick's innocence at trial, set for Nov. 26.

But this week, Vick learned that in the criminal justice system, friendship only goes so far. That may have prompted him to try to work out a deal.


Upcoming plea hearings

On Monday, guilty plea hearings were scheduled for two of his co-defendants and longtime associates. Purnell Peace, 35, of Virginia Beach has a plea hearing scheduled for Thursday in U.S. District Court in Richmond at 9 a.m., while Quanis Phillips, 28, of Atlanta has a plea hearing set for Friday at the same time. The hearings showed up Monday on the docket of U.S. District Court Judge Henry E. Hudson..

The third co-defendant, Tony Taylor, 34, of Hampton pleaded guilty July 30 and agreed to cooperate with prosecutors in their case against Vick.

Washington attorney Fredrick W. Chockley III said he expects federal prosecutors will try to allege Vick played a greater role in the operation with the new indictment. "That's what he's trying to forestall by working out a plea agreement with them," he said.

Hudson, a judge known for handing out stiff sentences, would not be bound by any plea agreement, Chockley added. "I don't think he's going to be affected by Michael Vick's celebrity, one way or another. He's a tough judge though."

In his statement to prosecutors, Taylor accused Vick of helping set up "Bad Newz Kennels" in Surry County, Va., to raise and train pitbulls for fighting. Vick almost exclusively funded the operation and gambling, Taylor said.

The indictment accuses Taylor, Peace, Phillips and Vick of summarily executing dogs if they lost fights or failed tests of their fighting prowess. Eight of the dogs that didn't make the cut were executed by "hanging, drowning and slamming at least one dog's body to the ground," authorities allege.


It's 'a business decision'

Atlanta defense attorney Jerry Froelich, another member of NFL running back Jamal Lewis' defense team, said Vick's lawyers should be negotiating on multiple fronts — the U.S. Attorney's Office, the NFL and the Falcons.

Froelich said this happened after Lewis was indicted on federal drug conspiracy charges in Atlanta. After entering a plea to a lesser charge, Lewis was suspended two games, fined and released from jail in time to play 15 games for the Baltimore Ravens in 2005.

"We never even talked to the government about a plea until we went to the league and the team and said, 'If we can get this, what would you do?' " Froelich said. "Before we made any decisions, we had to know what the NFL thought about it. It's also a business decision."

If the NFL had said Lewis would be banished from the league no matter what kind of plea agreement was reached, Froelich said, there was little doubt what would have happened next.

"We'd have said, 'Let's crank it up and go to trial,' " Froelich said. "We'd have fought the charges, for his livelihood."


Listening out for the NFL

NFL commissioner Roger Goodell is expected to make a decision on Vick's future in a few weeks. He is waiting for attorney Eric Holder to complete an investigation before making his decision, the league has said.

Holder declined comment Tuesday about his investigation.

If Vick ultimately decides to go to trial, he could attack the credibility of his three co-defendants, said Atlanta defense attorney Jay Strongwater. They could be accused of telling prosecutors what they want to hear to get good deals for themselves, he said.

"But Vick has to be fearful whether the prosecution can back up what these cooperators are saying with documentary evidence, such as financial transactions or other kinds of receipts," Strongwater said. "It's also one thing when only one person cooperates. The problem is if three people are saying the same thing over and over and over again it may have a ring of truth."

Toron Smith of Atlanta attended Falcons training camp Tuesday at Flowery Branch and said he'd like to see Vick in camp. However, he understands the predicament Vick's in. "Copping a plea at this point, with the world looking at him, that might be the quickest way for an end to all this," Smith said.

"He might have to sit out for the year and think about the situation he put himself in," Smith added. "He could come out a better person. If this goes to trial, you never know what could happen."


— Staff writers Steve Wyche and Jeremy Redmon contributed to this article.

saint4life
(504)

Tobias-Reiper

Racketeering... that has to be what the Feds are preparing to charge Vick with. They are going to R.I.C.O. his butt to the jail's wall ..

stockman311

Vick is going to plea out. It's his only option at this point. He can't win in a trial with this much evidence and witnesses against him. He can't take the risk of losing the trial and going to jail for 5 years. He will plea out get a year or less in jail. He will be suspended by the league for a year and some team will pick him up next year, but it won't be the Saints and it won't be the Falcons.

SapperSaint

"It's Bootie Time, Bootie Time; Arcoss the USA"

See: The Adventures of Ford Fairlane.

ScottyRo

I just watched Ford Fairlane again the other night. Great movie!

CheramieIII

Doesn't everyone now believe that Michael Vick has been lying all along about his involvement in this situation? I do, he's guilty as hell or those other guys wouldn't have rolled. He told Goddell that he had nothing to do with this during the NFL draft. He's told everyone that would listen he had nothing to do with this, bullsh%^t, ring leader he is. Now we all know he won't plead guilty unless he is guilty, right? Would you, hell no! He thought his home boys were going to help their homey. Well, once again the big time thugs helped themselves.

Would you trust Vick as your QB if he does make it back? HELL NO!!!!!!!!!!!!!!!!!!!!!

Goddell should get it over with now and ban him for life and then let Vick fight for his freedom with some new Rico charges (20 year max) to be filed next week by the grand jury.

This guy has never been what everyone thought he was going to be, oh wait alot of people thought he was nothing but a thug anyway, just like Marcus! Must run in the family.

Golf and sex are about the only things you can enjoy without being good at them.
Jimmy Demaret