Michael Vick - the Other Shoe Drops

In an earlier article on these pages, I discussed the peculiar results of a federal system in which a criminal prosecution by the federal government based upon certain facts that violated a federal statute, regardless if that prosecution resulted in an adjudication of guilt or an acquittal, did not bar a state from prosecuting a violation of a state statute predicated on essentially the identical facts. These dual prosecutions do not violate the "double jeopardy" prohibition in the Constitution, as they are considered separate actions taken by separate sovereigns.

Part of the problem, and that is exactly what it is, results from the federal government's inclination to create federal crimes from that which are traditionally state police-power violations. Often this practice results from the belief that the states were not adequately enforcing its laws, thus resulting in unjust results.

Thus, a defendant assaults a member of a minority or a person in official custody. A state prosecution results in an acquittal, perhaps because of perceived local prejudiced attitudes. The United States Attorney then institutes a criminal prosecution because of a civil rights violation, an interstate racketeering allegation, an allegation that a hate crime had occurred, a charge that federal drug laws had been violated, or any one of several available rationales.

Last August, Michael Vick pled guilty to federal charges. Specifically, he pled guilty to purchasing property in Virginia to train, breed, and maintain pit bulls for the purpose of dog fighting and to engage in dog fighting events. Vick also admitted that, together with his co-defendants, he killed approximate six to eight dogs that did not perform well "by various methods, including hanging and drowning." All of these actions were federal crimes because, essentially, the violations of the Virginia dog fighting laws were facilitated through interstate telephone calls and other "interstate commerce". He did not admit any gambling on the fights, probably because of the effect on his NFL status.

Vick is to receive his sentence in December. The rumor mill says he may receive a year or 18 months in federal prison.

As I had foreseen in my previous article, the Commonwealth of Virginia has entered the picture. (Actually, the initial federal prosecution was commenced because of the opinion of the U.S. Attorney that the Surry County authorities were dragging their feet following up on a drug raid at Vick's property which uncovered evidence of animal cruelty and dog fighting.)

The Grand Jury of Surry County issued an indictment on one count of beating or killing or causing dogs to fight other dogs and one count of engaging in or promoting dog fighting. Each count is a felony, punishable by up to five years in prison. They declined to indict Vick 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. It is surprising that the Grand Jury refused to issue an indictment on all charges requested; the adage is that a Grand Jury will indict a ham sandwich if it is sought by the prosecutor.

How will it come out? It's anyone's guess but it's likely that Mr. Vick will not be calling signals or plays for a while.