Virginia Case Against Vick Moves Forward
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Thursday, October 4, 2007
A Surry County, Va., judge scheduled a Nov. 27 hearing to determine a trial date for suspended Atlanta Falcons quarterback Michael Vick, who faces state dogfighting charges.
[an error occurred while processing this directive]Vick did not attend yesterday's initial court proceeding in the case in Sussex, which determined if each defendant had legal representation. Attorney Lawrence Woodward represented Vick and appeared in court briefly, then reportedly exited without answering questions from reporters. Woodward said in court that Vick turned himself in last week for pretrial processing.
Vick was indicted on two state felony counts related to his admitted participation in a dogfighting operation based at a property that he owned in southeastern Virginia. He 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. He faces up to 10 years in prison if convicted.
William R. "Billy" Martin, Vick's Washington-based attorney, has said that he and the other members of Vick's legal team will study the possibility that the state charges might violate Vick's rights by improperly charging him twice with the same crime. Legal experts have said it's unclear whether the state charges, which came after Vick pleaded guilty to a federal conspiracy charge related to dogfighting, constitute double jeopardy.
Vick is to be sentenced by U.S. District Judge Henry E. Hudson on Dec. 10 and faces a recommended jail sentence of 12 to 18 months, although Hudson can sentence him to up to five years in prison if he chooses.
Hudson ordered Vick to be confined to his home from 10 p.m. to 6 a.m. daily after Vick tested positive for marijuana last month, according to court documents. Co-defendants Purnell Peace, Tony Taylor and Quanis Phillips also pleaded guilty to federal conspiracy charges stemming from the dogfighting ring.
The NFL has indefinitely suspended Vick. A hearing is scheduled for today on the Falcons' attempt to force him to return a large portion of the $37 million in bonuses in his 10-year, $130 million contract. The case is to be heard by University of Pennsylvania law professor Stephen Burbank, the NFL's special master who is in charge of resolving disputes between the league and the players' union arising from the collective bargaining agreement.


