More Trouble for Vick

Vick tests positive for marijuana


QB, already facing sentencing for dogfighting and can't leave house at night.



RICHMOND, Va. - 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.
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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.