PITBULL FALLOUT
If Vick was involved in dog fights, what is the proper punishment
BY BOB GLAUBER
bob.glauber@newsday.com
John Goodwin wants to see Falcons quarterback Michael Vick go to jail if he is convicted in connection with an illegal dog-fighting operation at a home Vick owns in Virginia.
No fine. No probation. No legal slap on the wrist.
Jail.
"When people are involved in this type of crime, they should go to prison," Goodwin, the deputy manager for animal fighting issues for the Humane Society of the United States, said in an interview this week with Newsday. "This is severely cruel, and there should be punishment for inflicting pain and misery on these animals. The maximum fine is $2,500, which is about the time it takes Michael Vick to call a play in the huddle."
It remains to be seen whether Vick is found to be connected to the dog-fighting operation that authorities in Virginia, as well as federal investigators, are now looking into. The case began April 25, when police conducting a drug investigation raided the house Vick owns in Surry, Va., and found 66 dogs, 55 of which were pit bulls. They also found items associated with dog fighting, including a "pry bar" used to pry apart a dog'' jaws, as well as a blood-soaked carpet.
The news that Vick is at the center of the case is not a surprise to Goodwin, who said he had been hearing about the quarterback's alleged involvement in dog-fighting for years.
"We started a reward fund offering up to $2,500 for information that leads to an arrest and conviction for dog fighting, and that's when we started hearing that Michael Vick was involved," Goodwin said. "That was in 2004. There was nothing we could do about it at the time, because it wasn't substantive enough."
But the case is now in high gear. With local officials slowly gathering evidence and deliberating carefully over how to proceed, federal investigators swooped in surprisingly late Thursday afternoon and executed a search warrant of the property. A previous warrant had expired, with Surry County Commonwealth's Attorney Gerald G. Poindexter saying he was concerned about the wording of the search and did not want to jeopardize the case. Poindexter said in an interview with Newsday that a similar case several years ago was thrown out because of an illegal search.
Speaking hours before federal authorities told him they were conducting the search, he said he was in no rush to move the case along, yet noted the feds could move in at any time.
"It's being investigated," said Poindexter, who added the dogs found on the property were in good health. "We're not dragging our feet. This case, in terms of its priority, if it were not for the celebrity status of Vick, it wouldn't mean much to me. It's a Class 6 felony, which is the lowest grade of felony. After that, it's misdemeanors."
Poindexter said he visited the house, toured a loft in the garage and was then convinced about moving forward with the case.
"The evidence that persuaded me that dogs had fought was blood spatters, some droplets, that I was told was blood from the upper room of a two-car garage type structure," he said. "It was a room accessible only by a drop-down staircase."
After being told that federal authorities were going to conduct a search of the home, Poindexter said in an interview with The Associated Press that he was "absolutely floored" at having his authority usurped. He also raised the possibility that Vick's status as a professional athlete, and possibly race, were factors in the investigation.
"What's driving this?" Poindexter said. "Is it this boy's celebrity? Would they have done this if it wasn't Michael Vick? . . . There's something awful going on here. I don't know if it's racial. I don't know what it is."
Poindexter did not return telephone calls seeking clarification of his comments.
The NFL is carefully following the events surrounding Vick, and the Falcons obviously are concerned about their star quarterback's availability this season. Vick has not commented on any aspect of the case, and the Falcons also are not talking.
"We're aware of the allegations surrounding this current investigation and accordingly have no comment," Reggie Roberts, vice president of football communications, said.
If Vick cannot play for any period of time, he'll be replaced by recently signed backup Joey Harrington. The Falcons traded former backup Matt Schaub to the Texans. They have been second-guessed about getting rid of Schaub too soon, especially after the dog-fighting allegations came to light. But a league source familiar with the Falcons situation said new coach Bobby Petrino was not as enamored of Schaub's ability as was former coach Jim Mora.
Whether Vick is suspended by the NFL remains to be seen. The league and first-year commissioner Roger Goodell recently has cracked down on off-field misbehavior by players.
"Dog fighting is cruel, degrading, and illegal," a league official said. "We support a thorough investigation into any allegations of this type of activity. Any NFL employee proved to be involved will be subject to prompt and significant discipline under our personal conduct policy."
So even if Vick is not convicted in connection with the dog fighting operation, Goodell still has the authority to fine and/or suspend him.
Whether or not Vick is convicted won't be determined for weeks, more likely months. And even if he is convicted, he may not serve jail time.
Former federal prosecutor Peter Ginsberg, now a partner at Crowell & Mooring in New York, believes there's a chance Vick will not be imprisoned even if he's found to be involved in the dog-fighting operations.
"It may well be that he's convicted, but even if he is, he may not go to jail," Ginsberg said. "If Vick doesn't have any criminal history, I don't imagine he'll end up doing any jail time over an offense like this."
Ginsberg also suggested that Goodell's toughened stance on off-field behavior is excessive, and that a harsh sanction on Vick would be unwarranted.
"I seriously question, both as a matter of propriety and as a matter of law, whether [Goodell] has a right to do that," said Ginsberg, referring to stiff suspensions handed down by the commissioner. "And I seriously question why the NFL Players Association allows this to happen without any challenge.
" . . . I see a huge amount of hypocrisy in terms of who he looks at and who he doesn't in terms of groups," he said. "I know about people who own teams and who have helped operate teams who have legal problems and found themselves in embarrassing situations, and you certainly don't hear about the commissioner getting involved in those situations."
Nevertheless, Goodell's tough approach on off-field misbehavior has met with positive reviews from most quarters, including fans, players and the union. So any punishment Vick might receive likely would not be questioned, at least in the court of public opinion.
"If it's him or anybody else, if you did something wrong, they're going to catch up to you," said Giants linebacker Antonio Pierce, who was fined $15,000 last season for a late hit on Vick. "I don't know anything about him specifically. All I know is that I don't condone [the dog fighting], I don't think it's the right thing to do."