ESPN legal analyst Roger Cossack Chat Wrap on Vick

WoodysGirl

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Welcome to The Show! On Wednesday, ESPN legal analyst Roger Cossack will join the show to chat about the latest developments in the Michael Vick case. On Tuesday, Vick was indicted by a grand jury in a dogfighting probe.

A legal analyst for ESPN, Cossack is widely considered one of America's foremost legal experts. Vanity Fair magazine has called him "one of the movers and shakers of Washington." Cossack has worked at Court TV, and served as an on-air legal commentator for CNN for seven years as host of one of the network's most successful shows, Burden of Proof.
Send in your questions now, then join Roger right here on Wednesday at 2:30 p.m. ET!
Cossack Archive: Columns | Chats

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Al Columbia, MD: Is it possible that this can be thrown out before it even goes to trial for lack of CONCRETE evidence against Mike Vick? Other than the you know the "man behind the mask"?

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Roger Cossack: It's possible, but highly unlikely. To dismiss a case, is only until the government puts up evidence and that's not until trial.


Tony Perez - Greenacres, Fl.: I'm concerned that the 3 co-defendants are going to turn against Michael Vick. If you were his lawyer, would you be concerned about the same thing?

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Roger Cossack: I sure would be. Any time you have co-defendents, you have to be concerned that they all stick together. That's what you do as a prosecutor is to get the co-defendents to testify against one another.


Chris (State College, PA): What's the legal threshold for an indictment? How much of the prosecution's case would a grand jury see?

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Roger Cossack: Good question. The legal standard is very low. The question is that the jury has to answer is 1) is there any reason to believe a crime has been committed and if so, is there any reason to believe that Mike Vick committed a crime. In a grand jury room, it's only the prosecutor and the witnesses and the grand jury.


Joe (Milwaukee, WI): 95% conviction rate? Is it safe to say that I should stay away from Vick in every fantasy round for the upcoming season?

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Roger Cossack: While it's true that the governmen has an overwhelming conviction rate, it would be wrong to jump to conclusions as we learned in the Duke case. We have to wait and see what the evidence will be.


Brian (Washington, D.C.): What would you estimate the general timetable, from start to finish, of this whole thing will be? Is this something that could still be going on at the beginning of the 2008/2009 NFL season, or is a resolution likely this season?

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Roger Cossack: It is unlikely that it will go on that long. Where he has been indicted in Virginia, they are known for getting these trials over quickly.


Brian: (Rye, NY): Roger, In the end, do you really see Michael Vick getting any jail time or will he be just another one who evades the system because he is an athlete?

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Roger Cossack: Oh, I think if he gets convicted for this charge, depending on what the evidence shows, there will be a good chance he spends some time in prison. If the evidence shows that he wasn't really involved, then he'll spend less time in prison.


Ken (Sacramento, CA): What is the difference between a grand jury indictment and the DA pressing charges against someone? Is it true that in a Grand Jury indictment that the DA doesn't have to "show their hand" as to what they will use against Michael Vick until the trial starts?

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Roger Cossack: That's true. As I said before, in the grand jury, the prosecutor just has to show that there was probable cause that a crime was committed and probable cause the Vick committed the crime. It's a very low standard.


Darnell(Toronto): Is there a possiblity that Vick could get away with a fine or probation

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Roger Cossack: There is that possibility, but I would suspect that if he is convicted that there's a stronger chance that he'll spend some time in jail. But I want to say that we're far away from him spending time in jail. We shouldn't jump to conclusions.


mark (chicago): What impact, if any, do you think the Duke lacrosse case will have on how the media covers the case and how it proceeds in the courtroom?

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Roger Cossack: Yes, I am interested in seeing how this plays out. The Duke lacrosse case will be more of an impact on the prosecutor. The media will always dig for information. The lesson from the Duke lacrosse case is the prosecutor should try his case in the court room.


Mike, Axton,VA: I assume M Vick's trial will be held in Richmond, Va, since that is where the indictment came from. Are there any differences in jury makeup and selection in a Federal case as opposed to a local trial?

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Roger Cossack: Not really. People are selected from the community. There may be a wider area of where they're selected from. They're called in and they go through the process of seeing if they qualify.


Matt Houston, Texas: Is Vick the elite and highly visible example that Roger Goodell has been looking for to send his message to the rest of the league?

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Roger Cossack: I think it's a combination of things. Vick is the most well known football player to date that's been involved in something this serious. Also the charges are so horrible and so graphic that it's very difficult for Goodell to just ignore them. Remember, due process is something we're given in the constitution, but there is no guarantee of due process in the NFL and the players. They've given Goodell the power to decide what's in the best interestests of the NFL.


Chris (Phoenix, AZ): Do you think people, and a jury, will come down harder on Vick because these crimes are against defenseless animals; not another person?

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Roger Cossack: Certainly, the facts of this case are terrible. It's going to be up to the prosecution that Vick had something to do with this. Facts are facts.

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Roger Cossack: Let's not forget the lesson of the Duke case. I have always felt that I perhaps should have got off that Duke train a little earlier than I did. When the lack of DNA came out, I came out publically to question if they had this case. Everyone assumes that Barry Bonds lied to the grand jury and has taken steroids, but so far, he has yet to fail a drug test and he hasn't been indicted. I am not saying he won't but I'm saying to not fall into that trap. Vick may be guilty, but let's wait until we hear the evidence.
 

bobtheflob

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WoodysGirl;1554642 said:
Tony Perez - Greenacres, Fl.: I'm concerned that the 3 co-defendants are going to turn against Michael Vick. If you were his lawyer, would you be concerned about the same thing?

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Roger Cossack: I sure would be. Any time you have co-defendents, you have to be concerned that they all stick together. That's what you do as a prosecutor is to get the co-defendents to testify against one another.

It's nice to see a real life example of what I learned about in my college game theory class...

I guess that's about the only thing this is a nice example of.
 

burmafrd

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Its a little hard to say that the threshold is low for indictment and then admit that there is a 95% conviction rate. Federal Grand Juries and Federal DA's are a whole different world then state equivalent. The Duke case just emphasized it. There is NO way ANY federal prosecuter would have gone ahead with the Duke case once the DNA evidence was in. I doubt it would have ever even gotten that far due to the unreliability of the accuser.
 

Crown Royal

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burmafrd;1555005 said:
Its a little hard to say that the threshold is low for indictment and then admit that there is a 95% conviction rate. Federal Grand Juries and Federal DA's are a whole different world then state equivalent. The Duke case just emphasized it. There is NO way ANY federal prosecuter would have gone ahead with the Duke case once the DNA evidence was in. I doubt it would have ever even gotten that far due to the unreliability of the accuser.

.

The Duke case was an embarrassment to the prosecuter who wanted to make a name for himself, or was just incredibly dumb.

This is a different situation, everything just seems stacked.
 

Bob Sacamano

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Crown Royal;1555015 said:
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The Duke case was an embarrassment to the prosecuter who wanted to make a name for himself, or was just incredibly dumb.

This is a different situation, everything just seems stacked.

that case was just wierd, all Nifong had was the victim's statement, no physical evidence, witnesses, nothing, and she seemed a little too hysterical
 
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