Tuesday, July 17, 2007

Michael Vick Indicted: Who Let the Dogs Out (of State)?

Atlanta Falcons' quarterback Michael Vick was indicted earlier this afternoon by a federal grand jury in connection with the alleged dogfighting ring at his property in Smithfield, Virginia. According to ESPN and the Associated Press, Vick and several others were indicted for conspiracy to travel in interstate commerce in aid of unlawful activities and to sponsor a dog in an animal fighting venture. Apparently, he faces a maximum of six years in prison and a fine of $300,000. The interstate commerce derives from participants and pit bulls traveling to Virginia from South Carolina, North Carolina, Maryland, New York, Texas and other states, for the express purpose of commercialized pit bull fighting. Had the fighting ring featured local participants and local pit bulls, Vick wouldn't be dealing with this charge.

The court documents also describe grotesque conditions at the property, including a "rape stand," used to hold dogs in place for mating; an electric treadmill modified for dogs; a bloodied piece of carpeting; and evidence of dogs not being fed as a way of making them angrier. Other details are available here, and you can read the indictment in its entirety here. In short, the dogs were badly abused.

Keep in mind, however, Vick's involvement with the dog fighting has been a source of great speculation, and he has denied any knowledge. Nevertheless, the indictment--take it for what it is--paints Vick as a very active participant, including:

9. In or about early 2002, Vick [and another defendant] purchased approximately four pit bulls from Cooperating Witness 1.

10. In or about early 2002, Vick [and other defendants] established a dog fighting business enterprise known as "Bad Newz Kennels."

12. In or about February 2002, Vick [and other defendants] "rolled" or "tested" some of their fighting dogs against other dogs . . . "rolling" or "testing" a fighting dog means placing a dog in a short fighting match to determine how well the animal fights.
One point of caution: an indictment by a federal grand jury is far from a conviction. I distinctly remember my criminal investigations professor, Charles Whitebread, making this point over and over again. Grand jury hearings are typically secret and one-sided in favor of the government. The prosecutor decides which witnesses to call and which witnesses receive immunity. The basic questioning is done by the prosecutor, and the defendant doesn't even have a right to have his or her attorney present. Even worse for the defendant, an indictment only requires "probable cause," meaning more likely than not--a far cry from "beyond a reasonable doubt" for a criminal conviction. There has been much criticism of grand juries as unfair devices for the prosecution, and that they have been misused as tools to shame defendants, especially in high-profile cases.

Still, it will be interesting to see what the NFL does in response to the indictment and how the NFLPA responds to the NFL, if it elects to suspend or otherwise punish Vick.

0 comments:

Post a Comment