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I-Want-Troy's-Hair
09-24-2007, 10:37 PM
http://hosted.ap.org/dynamic/stories/S/SOU_VICK_SURRY_COUNTY_VAOL-?SITE=VANOV&SECTION=STATE

Prosecutor says he'll seek indictments in case at Vick property

By HANK KURZ Jr.
AP Sports Writer
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RICHMOND, Va. (AP) -- The prosecutor in the rural county where Atlanta Falcons quarterback Michael Vick has admitted to bankrolling a dogfighting operation plans to present "a host of bills of indictment" regarding the case to a grand jury on Tuesday.

"Yes, I'm presenting matters to the grand jury that involve dogfighting at 1915 Moonlight Road," Surry County Commonwealth's Attorney Gerald G. Poindexter told The Associated Press in a telephone interview Monday night.

Moonlight Road is the address of the two story home on 15 mostly undeveloped acres that has been host to "Bad Newz Kennels" since 2001. It's where dozens of pit bulls were found in April, and where they were trained, fought and brutally executed.

"Most of the matters that I'm presenting have already been admitted in sworn statements authored by the defendants in the federal proceedings," Poindexter said.

He couldn't detail the exact indictments he will pursue, but said the local investigation and the federal investigation largely focused on different crimes.

"The killing of dogs is one of those statutory prohibitions. Dogfighting is a crime, the mistreatment of animals is a crime, so you could take your pick, or take them all," Poindexter said before cutting the conversation short. "I don't have anything else to say about it. I'm through with it. Hopefully it's coming to an end."

Vick, his co-defendants and lawyers will not attend the closed proceeding.

Efforts to reach Vick's lawyers by telephone and e-mail were not successful.

Vick and three co-defendants have already pleaded guilty to conspiracy charges in the case, and all are awaiting sentencing in federal court before the end of the year.

Vick, who faces up to five years in prison, also has been indefinitely suspended without pay by the NFL and been dropped by all his major sponsors, including Nike.

The local charges, and a conviction, could spell an end to any hope he has of resuming his NFL career after serving a likely federal prison term. An animal cruelty charge in Virginia is punishable by up to five years in prison, and he admitted in his written plea to helping kill six to eight pit bulls days before the first raid.

That alone could expose him to as many as 40 years in prison.

Vick, in his written plea, also admitted to supplying money for gambling on the fights involving Bad Newz Kennels dogs. He said he did not personally place any bets or share in any winnings, but gave his three co-defendants all those proceeds.

The co-defendants, all of whom pleaded guilty before Vick and detailed what they said was his involvement, agreed to testify against him had the case gone to trial.

The case began in late April when authorities conducting a drug investigation of Vick's cousin raided the former Virginia Tech star's property and seized dozens of dogs, most of them pit bulls, and equipment commonly associated with dogfighting.

Six weeks later, with the local investigation perceived to be dragging and a search warrant allowed to expire unexecuted, federal agents arrived with their own search warrants and started digging up dog carcasses buried days before the first raid.

Poindexter, who had been widely criticized for the pace of the investigation, reacted angrily when the feds moved in, suggesting that Vick's celebrity was a draw, or that their pursuit of the case could have racial overtones. He later eased off those comments, saying that the sides would simply be pursuing parallel investigations.

Atlanta Dan
09-25-2007, 06:09 PM
Well, Vick was indicted on some state charges (sort of)

Vick, who already pleaded guilty in federal court to a dogfighting conspiracy charge and is awaiting sentencing Dec. 10, was indicted on one count of beating or killing or causing dogs to fight other dogs and one count of engaging in or promoting dogfighting. Each count is a felony, punishable by up to five years in prison.

The grand jury declined to indict the Atlanta Falcons quarterback and two co-defendants on eight counts of killing or causing to be killed a companion animal, which would have exposed them to as many as 40 years in prison if convicted.

Local law enforcement issued this odd statement to assure everyone the grand jurors were not racists or influenced by outside agitators

The grand jury -- made up of two black men, two black women and two white women -- met for more than three hours.

''These are serious charges, and we can assure you that this grand jury was not driven by racial prejudice, their affection or lack of affection for professional athletes, or the influence of animal rights activists and the attendant publicity,'' Sheriff Harold Brown and Poindexter said in a joint statement.

No word on how Poindexter knows what motivated the grand jurors. In any event, ace DA Poindexter does not appear too distraught over the grand jury refusing to return an indictment on the more serious charges

Poindexter said he was not disappointed that the grand jury rejected eight additional charges of killing dogs.

''I'm just glad to get this to the position where it is now and one day in the not too distant future, we will be rid of these cases,'' he said.

http://www.nytimes.com/aponline/sports/AP-FBN-Vick-Indicted.html?_r=1&oref=slogin

:dang: Trust me on this - You have to be one sorry ass prosecutor to not get a grand jury to return an indictment on any charge you present to it. No bills are unheard of.

Poindexter is going through the motions to deflect bad publicity - if it was not for the Feds Vick would still be unindicted and taking snaps for the Falcons

TackleMeBen
09-26-2007, 01:18 PM
A urine sample submitted by Michael Vick has tested positive for marijuana, and as a result he'll have tighter restrictions on his freedom.
The test was taken on Sept. 13. Because of the positive test, federal court probation officer Patricia Locket-Ross, who is assigned to Vick, asked Judge Henry Hudson to place special conditions on Vick's release, which include refraining from use or unlawful possession of a narcotic drug or other controlled substance.

Also, Vick must submit to any method of testing at any time.

Methods of testing could include urine testing, the wearing of a "sweat patch," a remote alcohol testing system and/or any form of prohibited substance screening or testing.

Vick must also participate in a program of inpatient or outpatient substance therapy and mental health counseling if the pretrial services officer or supervising officer deem it appropriate.

Vick is also now restricted to his residence every day from 10 p.m. to 6 a.m. or as directed by the pretrial services officer. The home confinement will include electronic monitoring.

Vick pleaded guilty in August to a federal dogfighting charge. He is set to be sentenced on Dec. 10.

On Tuesday, he was indicted by a grand jury in Surry County, Va., on state dogfighting charges.

http://sports.espn.go.com/nfl/news/story?id=3037175


this dude isnt learning well..lol

HometownGal
09-26-2007, 01:51 PM
Because of the positive test, federal court probation officer Patricia Locket-Ross, who is assigned to Vick, asked Judge Henry Hudson to place special conditions on Vick's release, which include refraining from use or unlawful possession of a narcotic drug or other controlled substance.


Wow - that will really stop Vick from partaking of the bong. NOT. Do they really think at this point he cares about a diddly pot test when he is facing multiple felony charges and years in the homo house? So what's another year or two?

Vick must also participate in a program of inpatient or outpatient substance therapy and mental health counseling if the pretrial services officer or supervising officer deem it appropriate.

DUH. He should have been placed in a locked rubber room the moment he was arrested on dog fighting charges. :dang::dang:

fansince'76
09-26-2007, 01:54 PM
A urine sample submitted by Michael Vick has tested positive for marijuana, and as a result he'll have tighter restrictions on his freedom.
The test was taken on Sept. 13. Because of the positive test, federal court probation officer Patricia Locket-Ross, who is assigned to Vick, asked Judge Henry Hudson to place special conditions on Vick's release, which include refraining from use or unlawful possession of a narcotic drug or other controlled substance.

But, but, but he's found God, so it's all good....:rolleyes:

Haiku_Dirtt
09-26-2007, 02:05 PM
[I]The grand jury -- made up of two black men, two black women and two white women -- met for more than three hours.]

[if it was not for the Feds Vick would still be unindicted and taking snaps for the Falcons

As for the jury that's to keep the Rainbow Coalition in their make-up trailers and off CNN.

A lesson for all "Criminal Law" courses across the nation. It should be mandatory for the students who are actually taking the course for the athletes to explain the difference between state and federal offenses. Bare minimum.

Haiku_Dirtt
09-26-2007, 02:09 PM
But, but, but he's found God, so it's all good....:rolleyes:

I know. DUDE. He found God and Jesus in ONE WEEK. Meanwhile OJ is still looking for the killers

Cmon OJ. Act like you won the Heisman.

Atlanta Dan
09-26-2007, 02:22 PM
Home confinement after testing positive for stress reducing herb may be the least of his problems.

If you fail a drug test between entering a guilty plea and sentencing, many federal judges (my bet is Judge Hudson is one of them) will pull the 2 point reduction for "acceptance of responsibiity" (the reward for pleading guilty and not going to trial) of the offense level used in calculating the advisory sentencing guildelines sentence - that would take Vick to offense level 15 from level 13, which bumps his guidelines range up from 12-18 months to 18-24 months.

Of course the guidelines are only advisory post-2005 and there was some thought Judge Hudson was likely to go to or above the high end of the Guidelines range anyhow.

My bet is that Vick is now looking at 2 years minimum, which keeps him out of the NFL until at least 2010 - what a complete f***ing idiot:dang:

alittlejazzbird
09-26-2007, 03:29 PM
You hit it exactly right, Dan. How stupid can he possibly be? If ever a time in his life qualified for choirboy behavior, it's now. He could have done himself a lot of good by staying completely invisible between his conviction and sentencing. Was a couple months of perfect behavior too much to ask? Apparently.

I guess God and Jesus, after Vick found them, didn't bother to tell him that smoking marijuana qualifies as illegal behavior, because, you know, where Vick comes from, they don't understand that marijuana is any big deal (like dogfighting, which is just a sport in the Newz).

Come December, he has to face an already tough judge who has hinted that his sentence could be more time rather than less. Somehow I don't think this latest screw-up is going to help a plea for leniency.

Look out, everyone....an announcement from Vick's attorneys about his checking into rehab should be forthcoming. :rolleyes:

Atlanta Dan
09-27-2007, 07:33 AM
As stupid and diserving as Vick is, I'm not a fan of the government double dipping. I think if the Feds run a case against you it should cover all charges and the state should not be able to indict for charges similar or involving the same crime.


I agree with you on the state prosecuting when the Feds already have a conviction (sometimes the Feds have to come in when the Stae screws up its case, which I agree with under those circumstances), even though it is constitutional since the State and U..S. are dual sovereigns and the concept of double jeopardy does not apply.

But in this case, Poindexter is simply enegaging in PR to cover his sorry mishandling of the case before the Feds took over. Any state sentence will run concurrrently with Vick's federal sentence. IMO Poindexter intentionally went in the tank did such a rotten job of presenting the more serious state charges to the grand jury that they refused to return an indictment on those charges that might have resulted in serious state time.

Vick will never serve a day beyond whatever sentence Judge Hudson imposes on the federal charges.

alittlejazzbird
09-27-2007, 09:02 AM
Dan's right....Poindexter is tilting at windmills right now because he's embarrassed at how sorry a job the local authorities did on the whole matter. They came across as bumbling, provincial, and small-town, and Poindexter is smarting from it. He seems to think that these indictments give him credibility. Glad as I was to see Michael Vick punished for such an awful crime, this new round of charges smells of piling on.

That said, the Virginia indictments are focusing on the animal abuse aspect of the crime, where the federal indictments focused on the gambling and interstate commerce aspects. Animal abuse is a serious crime in Virginia, hence the possibility (but definitely not the likelihood) that Vick could face five years in prison for each count of cruelty and torture.

I agree with Dan. I'd be surprised to see Vick serve any jail time beyond his federal sentence, although that sentence will probably be extended in light of the failed drug test.

rog
09-27-2007, 10:37 AM
With the extra year suspension that Odel Thurman got from Goodell there is no way Vick will be back until atleast 2010 although I'm still pulling for never. People want to say that their just making an example of Vick, All I have to say to that is OK not a problem for me infact I'm happy they are it's about time they make an example of one of these rich spoiled athletes that think they are untouchable.

83-Steelers-43
09-27-2007, 10:46 AM
With the extra year suspension that Odel Thurman got from Goodell there is no way Vick will be back until atleast 2010 although I'm still pulling for never. People want to say that their just making an example of Vick, All I have to say to that is OK not a problem for me infact I'm happy they are it's about time they make an example of one of these rich spoiled athletes that think they are untouchable.

AMEN. :cheers:

Big D
09-27-2007, 12:04 PM
Michael vick isn't sorry for what he did. I sat there and watched his pathetic press conference right after his guilty plea and could have laughed. I couldnt believe that people believed his b.s. script that day. I'm sure he hit the bong on his way home from that press conference. I hope roger goodell never gives this idiot another chance to play another snap in the nfl. send him to canada

rog
09-27-2007, 01:07 PM
He probably hit the bong before the press confrence. He also was probably trippin' on acid when he "found God" or atleast he thought he found God it was actually a homeless guy out side of the courthouse.

verks36
09-27-2007, 01:11 PM
there is a part of me that wants to feel bad for vick after saying the espn town meeting specail on vick.

But then again after he just got tested postive for marjuna you think he would be on his best behivor but no

will he ever learn

Godfather
09-27-2007, 09:35 PM
As stupid and diserving as Vick is, I'm not a fan of the government double dipping. I think if the Feds run a case against you it should cover all charges and the state should not be able to indict for charges similar or involving the same crime.

Agree...in fact I'm not a fan of the feds being involved in criminal justice. There's that little thing called the Constitution.

Atlanta Dan
09-27-2007, 10:41 PM
Agree...in fact I'm not a fan of the feds being involved in criminal justice. There's that little thing called the Constitution.

Who would you suggest criminally prosecute defrauding the Pentagon, ripping off Medicare, international drug trafficking, espionage, and engaging in securities fraud - Poindexter and Marcia Clark?:sofunny:

If you engage in criminal activity that affects interstate commerce the Constitution provides for federal authority to regulate the activity under the Commerce Clause. If you have 50 States all attempting to get a piece of an interstate crime you get chaos and (for major white collar crimes) economic inefficiencies. (e.g. - remember the Sopranos episode when the local prosecutor who tried to nab Tony on the gun charge nearly screwed up the Feds RICO case?)

I agree whether dog fighting should be a federal crime is a legitimate policy issue and presents a significant question as to whether Congress should be passing criminal statutes on that matter.

Nevertheless, crooks attempting to avoid federal prosecution by saying a criminal statute is unconstitutional can argue the conduct does not impact interstate commerce but usually have not gone too far with that argument over the last 60 years with the Warren or Rehnquist Courts.

Preacher
09-27-2007, 10:53 PM
Agree...in fact I'm not a fan of the feds being involved in criminal justice. There's that little thing called the Constitution.

I gotta agree... and think that the original founders never really envisioned this type of prosecution.

Atlanta Dan
09-27-2007, 11:07 PM
I gotta agree... and think that the original founders never really envisioned this type of prosecution.

Maybe not, but they definitely envisioned slaves being counted as 3/5 of a person for purpose of the census.:smile:

I note that not to make tired claim about the inherent racism of the pale patriarchy but for the proposition that not every late 18th century mindset fits perfectly into a 21st century transcontinental, integrated nation state and that the meaning of the terms in the Constitution are not etched in the amber of how society operated in 1787. E.g. - the Founders certainly did not envision electronic communications but the 4th Amendment legitimately has expanded to cover a lot more than getting a warrant to search someone's home.