***Note here that I do not support Vick and what he did, I just report the news. Please, I repeat, PLEASE, do not belittle, degrade, or criticize because this is my job. I do it well. I also believe everyone in America deserves a fair trial no matter what they have done.***


If you are keeping up with the story of Michael Vick, you already know he has voluntarily turned himself in to the Federal Marshals in Richmond, VA on November 19, 2007, almost three weeks before his sentencing. This of course hit the news with great gusto. However, there is a great deal more to this story, as there always is. During October and November many things happened; anyone following the case may already be fully aware of the facts or maybe not. Not only facing one count of interstate travel to aid illegal gambling and dogfighting, a charge that can carry up to five years in prison, his defense council is pushing for 12 to 18 months. But Vick is looking at being charged with two state felonies on April 2, 2008 as well: beating, killing or causing dogs to fight each other and promoting dogfighting. He faces up to five years for each felony. As of right now, Vick is currently a guest of Northern Neck Regional Jail in Warsaw until sentencing. This facility currently houses about 450 inmates. Neither Vick nor his co-defendant, Quanis Phillips appeared at his November 27th court hearing because they are already in custody and did not have to show up. The other two defendants, Anthony Taylor and Purnell Peace did not attend the hearing either, as they were not required to be there.

According to Mr. Vick’s lawyer, Billy Martin, this is Vick’s repentance for his involvement in this mistake he openly admits to making and is part of accepting his responsibility for his actions. Vick has not violated any conditions of his bond according to papers filed in the U.S. District Court. As for the April 2nd jury trial on state dogfighting charges, it is not being said what Vick and his defense attorneys are doing; they have not decided as of yet. It was only a five minute consultation with Vick’s defense attorneys; Lawrence Woodward, Billy Martin, and the prosecutor Gerald Poindexter. A trial date has also been set for Quanis L. Phillips and Purnell A. Peace on March 5th and Tony Taylor for May 7th.
This case has taken on a life of its own, it seems, with many twists and turns of history intertwining unintentionally. On October 25th it was reported that the prosecutor, Gerald Poindexter, a part-time prosecutor in rural Surry County, represented Vick’s father in a civil case four years prior to reinstate Michael Boddie’s driving privileges due to a DUI and suspension. Poindexter has told Woodward, one of Vick’s defense attorneys that this would not be an issue in this case. It should be noted that Vick paid for Poindexter’s services in this civil case. Not only did Poindexter defend Vick’s father, but it also seems that he dropped the ball so to say on another dogfighting case against Benjamin Butts; the case was dismissed due to an illegal search. To remove Poindexter it would require an appointment of a special prosecutor from another jurisdiction.

One twist in this case is that another man has come forward and faces the same charges as Vick; his name is Oscar Allen, also known as “Virginia O”. In 2001, Allan sold “Jane” to Vick. He became a champion for Bad Newz Kennels, advised about pit bulls, hosted fights in 2002 at Vick’s Surry property, traveled with Vick and others to fights, and was there in April when dogs were tested to see if they were good fighters. What could this mean for Vick? It is hard to tell at this point. His sentencing is in January.

Hard to believe that all this Bad Newz started because of Vick’s cousin, who was arrested in Hampton on drug charges, after which they went to the house to search for drugs. Upon this search they found four dozen pit bulls and the remains of other dogs, also evidence of dogfighting. Though Poindexter and Surry County had a search warrant on Vick and his home since late May of 2007, the funny thing is the warrant was never executed because Poindexter said he had issues with the way it was worded. The warrant also expired Thursday, June 7th, at which time Poindexter and Surry County officials were preparing to have an effective search warrant, but the Federal Government presented a sealed search warrant executed that same day. Just to let you all know, it was well known since 2000 that Vick was involved in dogfighting. Even his father stated that Vick fought dogs.

As if these turns were not enough, it has now been shared that the judge, Judge Hudson, who will preside over this case loves dogs and hates gambling. He initiated a massive investigation of a bingo operation when he was a prosecutor; also during this time, he imprisoned a man for a murder he did not commit. Hudson has recently published a 325-page memoir of his approach to law enforcement on gambling, drugs, and dogs. Hudson takes a hard-line and this approach has carried him from deputy sheriff and court bailiff while he was at night law school. He was elected two terms as the Commonwealth Attorney of Arlington County, which lead him to being appointed to U.S. Attorney for a large part of Virginia, finally setting him on the bench. He has been the chairman of a pornography study commission appointed by President Regan’s attorney general, Edwin Meese, and the U.S. Marshals Service director. His history is long and hard of how he runs his court and the podium on which he stands. For any who may wish to respectfully write this judge, the address is:
The Honorable Judge Henry E. Hudson
Lewis Powell, Jr., U.S. Courthouse
1000 E. Main St. Suite 305
Richmond, VA 23219-3525

Also concerning the April 2nd trial, this could place Vick in double jeopardy, if pressed hard enough. However, since the 1920s, the U.S. Supreme Court states that federal and state courts cover two different areas, thus one can be placed in double jeopardy and it will not be seen as such. It may not be widely known, but Vick was threatened with RICO (Racketeer Influenced and Corrupt Organizations Act of 1970) charges; perhaps this is why he took a deal. Under the RICO law, many big time crime associates have been brought down; some that you may remember would be John Gotti and Michael Milken. And the RICO is often used by prosecutors to win cases, considering this law allows the Federal Government to circumvent the constitutional separations of powers between the state and federal laws, and is often seen as the defendant must prove himself innocent from the get go. Also with the RICO, the prosecutor is not required to have the high standard of guilt beyond a reasonable doubt, only the civil standard of preponderance of the evidence. Since the RICO is aimed at “organized crime” the act is very vague on its rules and regulations. It also carries a fairly hefty sentencing term, 20 years or more; all of his assets would be frozen, and his case would surely ruin him more than it already has.

Another interesting development in this case, when you look into it, is a new federal law enacted by the U.S. Congress earlier in 2007, signed by President Bush on May 3rd, making organized dog fighting a felony, and this Act is called the Animal Fighting Prohibition Enforcement Act. This allows a penalty of up to three years of jail time and $250,000 for each offense of interstate or foreign transport of animals for fighting purposes. This law is now fully in act, but was not passed until after Vick was caught.

Upon further investigation of this case, one of the questions that comes to mind is not whether or not Vick did the wrong thing, but are the feds and the state now doing the same to him?

In this case, the dogs of Vick also got their own court-appointed guardian, Rebecca J. Huss. Huss has been a professor at Valparaiso University School of Law in Indiana since 1999. She was appointed by Chuck Rosenberg because she is considered “a leading expert in animal law in the United States”. Out of the 48 dogs that remained, 12 of them were being held at the Surry County animal shelter and are up for adoption as of November 14th.The new owners will not know if they were a part of Vick’s home, and these dogs were not bred or trained for fighting. If the new owners ask, after the adoption process has begun, they will be told. Amongst the 12 dogs, there are 9 beagles, 2 Rottweilers, and a dog believed to be a Cane Corso. Most of the animals still remain in federal custody and are waiting for placement in shelters. The shelter, when called, has not returned the phone call and would not answer the conditions of the dogs held there. It is reported that Vick did do a basic PETA empathy training, “Developing Empathy for Animals” for his wrong doings. This is a one-day course with a follow up course exam.

On November 20th, Vick agreed to pay the fees of the restitution and care of these dogs, a sum of approximately $928,073.04. This covers all expenses associated with the care and maintenance of the pit bull dogs. This will be placed in an escrow account on November 30th.

The home of Vick, his cousin, and the dogs that lived there was sold on November 16, 2007. It is tentatively scheduled to be auctioned off on December 15th. The house was bought by Wilbur Ray Todd Jr., of Todd Builders in Carrollton for an undisclosed amount that was less than the assessed value of $747,000. Todd is going to fix up the 4,300-square-foot, two-story brick building that will be shown on December 8th and 9th from noon to 4 p.m. to the public. The notoriety of this case should bring quite a crowd; the auction will determine the price at which it is sold.

As if this were not enough for Mr. Vick, his girlfriend has left him, he fired one of his lawyers, and he spent his holiday as a guest with bars separating him from his freedom.

http://www.wsbtv.com/download/2007/1127/14707807.pdf

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