Michael Vick Must Not Be Suspended by the NFL - It's a Conspiracy!

Roger Goodell's decision to order Michael Vick not to attend Falcons training camp was premature, imprudent and threatens to destroy Vick's life. Roger Goodell must immediately reverse this action, Goodell and Atlanta Falcons owner and CEO Aruthur M. Blank must not suspend Michael Vick and Goodell and Blank must ascertain all facts and let the legal process take its course.

On July 17, 2007, Michael Vick was indicted on a federal conspiracy charge for his alleged role in a dog fighting ring. Michael Vick was indicted on conspiracy to commit a number of illegal acts. What no one seems to notice, is that Vick was not indicted for dogfighting, however he was indicted for conspiracy. There are two very good reasons for the conspiracy charge and not the dogfighting charge.

1. PROSECUTORS CANNOT PROVE THAT HE WAS DOGFIGHTING

2. CONSPIRACY IS THE PROSECUTOR'S BEST FRIEND BECAUSE IT IS REMARKABLY EASY TO PROVE

(Michael Vick)

Roger Goodell's order for Michael Vick to not attend training camp was premature and imprudent. Goodell stated in a letter to Michael Vick that "While it is for the criminal justice system to determine if you are guilty or innocent, it is my responsibility as commissioner of the National Football League to determine whether your conduct, even if not criminal, nonetheless violated league policies, including the Personal Conduct Policy,"

(Roger Goodell)

Let me ask you a question Goodell or any advocate of suspension, don't you think you should research the issue and facts before punishing your athlete and potentially destroying his and his families life. What if these conspiracy allegations are false? Did you not hear about Kobe Bryant? Granted both alleged rape and alleged dog fighting charges are heinous acts and it is impossible to say one is worse than the other, but instead of jumping to conclusions, David Stern did his research allowed the legal system to perform its function and the charge was ultimately dismissed against Bryant. Stern allowed Bryant to continue to participate in all aspects of his job, the NBA. Goodell must do the same here.

(Kobe Bryant)

Did you not hear about Colin Finnerty, Dave Evans and Reade Seligman, currently known dukies of the year however formerly known as indicted rapists. Again, the charges against these boys were dismissed and the former prosecutor, Mike Nifong is now disbarred and facing enormous civil sanctions.

(Reade Seligman, Colin Finnerty, Dave Evans - Duke Lacrosse Players)

In Summary

The demand by Commissioner Goodell that Michael Vick remain away from Falcons camp was done without the proper evidence to determine if this conduct actually occurred. Goodell has caved into the media and the court of public opinion and proved to be a weak leader who will be easily influenced by the wrong entities. The only problem is, that you have the lives of Michael Vick and his family in your hands and his entire future could be destroyed on false allegations and rushing to judgement. Remember Kobe Bryant and the Duke Lacrosse Players and what they had to endure, because each was considered to be guilty, when all of the evidence proved their innocence.

Conspiracy to Commit a Crime

Proving Conspiracy is a relatively easy task for the prosecution. Following is the law on a Conspiracy charge and what Vick will face should this case move forward:

There are three things the prosecutor must prove: (1) two or more people (2) agreed to try to commit a crime and (3) one of those people did some “overt act” in furtherance of the conspiracy. Conspiracy to commit a felony is punishable by five years in prison, even if the underlying felony never occurred (or cannot be proven)! (Both dogfighting and illegal gambling are felonies in Virginia.) (Not sure where the six year estimate comes from, though that doesn’t mean it isn’t true.)

Overt Act

The “overt act” requirement is very easy to meet. It doesn’t have to be an illegal act, anything could meet this requirement. For example, showing that one of the conspirators bought kibble that he intended to feed to a dog that would be used in dogfighting may be enough to meet this requirement for ALL of the conspirators. If any co-conspirator takes any overt act, a conspiracy is formed and all the other conspirators are guilty as well.

Proving the first two elements is also easier than it might seem at first. For example, hearsay rules don’t apply! A co-conspirator that turned state’s evidence could testify about all kinds of things that were said outside the courtroom that would normally be hearsay, making it much easier to prove that Vick was part of the agreement. Notice, too, that Vick could be part of the conspiracy even if he never agrees to do any specifically illegal acts, he need only agree to help the other co-conspirators.

BONUS: Pinkerton v. United States. Once a conspiracy is proven, the Pinkerton doctrine kicks in. This means that ALL the conspirators are guilty of any crime that any other co-conspirator commits as long as it is “in furtherance of the conspiracy. For example, if a person from another state brings in dogs to fight, and the dog fighter shoplifts dog food to feed the dog, Michael Vick is guilty of shoplifting dog food. Vick doesn’t even have to know about the crime, or approve of it; if any co-conspirator commits any crime in furtherance of the conspiracy, Vick is guilty.

Right now, Vick’s lawyers are probably explaining these very sobering legal issues to him. Conspiracy is a very powerful weapon.