By HANK KURZ Jr.
Associated Press Writer
RICHMOND, Va. (AP) — Michael Vick is now likely one misstep from
jail.
The disgraced Atlanta Falcons quarterback tested positive for
marijuana earlier this month, a violation of the conditions of his
release as he awaits sentencing in federal court on a dogfighting
charge that already jeopardizes his freedom and career.
Now, he’s incurred the ire of the judge who could sentence him
to up to five years in prison in the dogfighting case. On the day
of Vick’s guilty plea, U.S. District Judge Henry Hudson warned that
he wouldn’t be amused by any additional trouble.
Hudson, who will sentence Vick on Dec. 10, on Wednesday ordered
him confined to his Virginia home between 10 p.m. and 6 a.m. with
electronic monitoring. He also must submit to random drug testing.
If Vick fails another drug test, he likely will wind up like
co-defendant Quanis Phillips — incarcerated since his Aug. 17 plea
hearing. Phillips failed a drug test when he had the electronic
monitoring and random drug testing requirements.
Vick’s positive urine sample was submitted Sept. 13, according
to a document by a federal probation officer that was filed in U.S.
District Court on Wednesday.
Because Vick violated the conditions of his release, Hudson
could take that into consideration during sentencing, said Linda
Malone, a criminal procedure expert and Marshall-Wythe Foundation
professor of law at the College of William and Mary.
“Every judge considers pretty seriously if they feel that the
defendant has flaunted the conditions for release,” she said.
“It’s certainly not a smart thing to do.”
Especially not when his behavior is being watched so closely,
not only by the court that allowed him to remain free, but by the
public whose forgiveness he’s seeking.
In Atlanta, Vick’s one-time teammates tried to distances
themselves from his latest troubles.
“That’s the last thing I’m worried about,” linebacker Keith
Brooking said at the Falcons’ suburban practice facility. “We’re
0-3. We’re trying to get a win.”
Safety Lawyer Milloy agreed.
“I just want to play ball,” he said. “I’m so tired of talking
about everything else, stuff we can’t control that has nothing to
do with us.”
The failed drug test is just the latest legal trouble for the
27-year-old Vick.
On Tuesday, Vick was indicted on state charges of beating or
killing or causing dogs to fight other dogs and engaging in or
promoting dogfighting. Each felony is punishable by up to five
years in prison. His arraignment on that is set for Oct. 3.
The former Virginia Tech star was placed under pretrial release
supervision by U.S. Magistrate Dennis Dohnal in July. The
restrictions included refraining from use or unlawful possession of
narcotic drugs or other controlled substances.
The random drug testing ordered Wednesday could include urine
testing, the wearing of a sweat patch, a remote alcohol testing
system or any form of prohibited substance screening or testing.
Hudson’s order also requires Vick to participate in inpatient or
outpatient substance therapy and mental health counseling if the
pretrial services officer or supervising officer deem it
appropriate. Vick must pay for the treatment.
Vick’s lead attorney, Billy Martin, also is representing Idaho
Sen. Larry Craig, who pleaded guilty in an airport sex sting.
During a press conference about Craig, Martin was asked to comment
on Vick. He deflected the question, saying only, “I’m sure that in
the future we’ll have something to say regarding Mr. Vick, but not
now.”
In January, Vick was cleared by police of any wrongdoing after
his water bottle was seized by security at Miami International
Airport. Police said it smelled of marijuana and had a hidden
compartment that contained a “small amount of dark particulate.”
Lab tests found no evidence of drugs, and Vick explained that he
used the secret compartment to carry jewelry.
The federal dogfighting case began in late April when
authorities conducting a drug investigation of Vick’s cousin raided
the property Vick owns in Surry County and seized dozens of dogs,
most of them pit bulls, and equipment associated with dogfighting.
Vick initially denied any knowledge of the enterprise, then
pledged after he was charged that he would fight to clear his name.
After Phillips and two other co-defendants pleaded guilty, Vick
followed suit and admitted in a written plea to bankrolling the
enterprise and helping to kill eight dogs that performed poorly.
Vick was the only defendant not placed on electronic monitoring
at the arraignments because he was the only one with no criminal
record, the U.S. Attorney’s office said.
——
Associated Press Writer Kristen Gelineau in Richmond contributed
to this report.
(Copyright 2007 by The Associated Press. All Rights Reserved.)