NFL, Falcons could ask Vick to focus energies in court
ATLANTA -- In what has quickly evolved into a collaborative effort that includes input of officials from the NFL, NFL Players Association and Atlanta Falcons, embattled quarterback Michael Vick could be urged to take a voluntary leave of absence to focus his energy on the legal challenges from a federal dogfighting indictment confronting him, sources said.
There are, however, two critical components that must be resolved: Falcons owner Arthur Blank must be on board with a plan that has generated considerable discussion at the league level the past two days. And Vick, who might be reluctant to accept even a paid hiatus from the game, might have to be convinced that the leave could be his best option.
Blank and the Falcons might also be considering other options.
Under the leave-of-absence scenario, and given the projected timeline of any trial that could ensue from the federal indictments brought against the quarterback Tuesday, all parties would enter into the agreement, if it is consummated, with the expectation that Vick would probably miss the entire 2007 season.
While the concept of a leave has been broached conceptually to associates and advisors of Vick, it has not yet been formally presented to the Falcons' star. Vick, 27, could be briefed about the possibility of a paid leave of absence as early as Friday. He would likely be granted time to consider the suggestion, which would almost certainly have to be communicated by Blank, with a decision not coming until early next week.
It has become clear, as high-level discussions have progressed, that all the parties involved in the talks are desperately seeking a resolution to a potential public relations disaster before the Falcons begin training camp Thursday. A league source acknowledged Thursday that "something one way or the other is going to have to happen ... by the start of training camp."
OTL: Fallen Star
Sunday on "Outside the Lines," (ESPN, 3:30 p.m. ET) as Michael Vick faces felony dog-fighting charges, a look at Atlanta's reaction to the man who was once revered as its favorite son. OTL
Sources said that NFLPA executive director Gene Upshaw spoke directly with Vick late Thursday. A union official did not divulge details of the conversation.
Multiple sources at various levels of the ongoing discussions acknowledged that a consensus was beginning to galvanize that nobody, including Vick, will benefit by the quarterback playing the 2007 season under a cloud of suspicion and burden of the federal indictment. In the indictment, Vick is alleged to have conspired in an illegal dogfighting venture conducted on property he owns in Surry County, Va.
Intensive talks continued Thursday with Goodell, Blank, Falcons team president and general manager Rich McKay and Upshaw. They discussed the various options available to them, and those discussions are expected to continue Friday.
If convicted on all counts, Vick could face a prison sentence of six years.
Neither Vick nor his attorney or agent could be reached for comment Thursday night. Blank also was unavailable for comment, and a Falcons spokesman referred to the owner's statement released earlier Thursday in which he expressed that "we are working diligently on exploring our options."
"The commissioner is concerned about the seriousness of the charges, and he wants to make sure Vick focuses on putting up the most appropriate defense," a source said. "Vick has to be convinced that it is in his best interests to take a leave of absence ... I think it's fair to say nobody's really comfortable with him playing under these circumstances."
Even a close Vick associate acknowledged early Friday that is the case.
Said the associate: "There's been a lot of stuff going on the last day or so, but the one thing that keeps getting clearer and clearer is that they don't want [Vick] around. The Falcons, the league, they know it's a mess and it's only going to get uglier if camp starts and he's on the field. If he's not [present for camp], at least there's a little bit of 'out of sight, out of mind,' you know? It removes the source of distraction. Otherwise, it's just [untenable]."
A leave of absence would at least temporarily address several possible dilemmas for the Falcons, including how to handle Vick's contract if he does not report to camp on time. And it would enable the franchise, even if Vick doesn't play in 2007, to retain his contractual rights. Vick is scheduled for a bond hearing and his arraignment hearing Thursday, the same day the Falcons hold their initial camp practice under first-year coach Bobby Petrino.
Without an excused absence, Vick could technically be in default of his contract if he does not report to camp on time, perhaps providing the Falcons the right to attempt to recover bonus money already paid to him. There are default provisions, described by one source with close knowledge of Vick's contract as "very tight language," written into the lucrative 10-year extension he signed in December 2004. Vick advisors spent time Thursday discussing the potential default ramifications with NFLPA officials.
Members of the NFL management council, the labor arm of the league, earlier this week began closely reviewing Vick's contract to see what options might be available to Blank and the Falcons if they try to recover any bonus payments.
The 2004 extension has long been advertised as a 10-year, $130 million contract. In reality, because the final season of the contract voided as soon as Vick reached minimum playing-time thresholds, it is a nine-year deal worth about $118 million. Vick has banked more than $40 million, but $37 million of that was in bonuses -- an initial signing bonus of $7.5 million and then subsequent roster bonuses of $22.5 million and $7 million. But for salary-cap purposes, the Falcons exercised an option to convert the roster bonuses into signing bonuses.
That might seem incidental because Vick got all the money coming to him anyway. But if the Falcons attempt at some point to force Vick into paying back part of the bonus money, how the conversions are interpreted might be a point of contention. A ruling in a grievance case involving former Denver first-round wide receiver Ashley Lelie last year made it more difficult for teams to seek repayment of option or roster bonuses.
Atlanta officials might contend that the two most recent bonuses paid Vick, totaling $29.5 million, were converted to signing bonuses, and that they should be permitted to pursue a prorated share of that money. The Vick camp would likely counter that, while the money was paid as signing bonuses, it was actually earned as roster bonuses.
But any contentiousness, and a possible arbitration hearing, could be avoided if Vick accepts a proposal for a leave of absence, one in which all parties agree he will miss camp.
"It would certainly give everyone some much-needed breathing room," said one league source late Thursday night. "People could get on with their business."
Make no mistake, for both the Falcons and the NFL, there is clearly a business component attached to the Vick case.
The league faces a backlash, not only from animal-rights groups but from others, as well. And in the statement Blank released Thursday, he noted his responsibility to his sponsors. The team recently entered into an agreement with Russell Athletic in which the apparel maker will pay $1 million to $2 million annually to sponsor the Falcons' training camp. It could be a camp disrupted by protests if Vick attends.
In other developments on Friday, Michael Vick signed a document called a Return to Summons. His signature is more of a scrawl on the summons, given at the U.S. Marshall's office, where he was also fingerprinted and had his mug shot taken. Signing the summons means he officially knows he's due in court next Thursday for his bond hearing and arraignment. A spokesman in the U.S. Attorney's Office says it was highly unusual to have a defendant come to court early.
In another Vick-related matter, the quarterback's camp has begun interviewing candidates to beef up his legal defense team in the event he goes to trial. Vick's longtime personal attorney, Lawrence Woodward, is expected to remain part of the defense team, but advisors have urged that the Falcons' star to consider adding counsel with experience in federal courts.
The Vick camp has solicited recommendations and is believed to have interviewed at least one prominent defender from the prestigious Washington, D.C., firm of Wilmer Hale.
Len Pasquarelli is a senior NFL writer for ESPN.com. Television reporter Chris Mortensen covers the NFL for ESPN.
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VICK SENTENCED TO 23 MONTHS
Michael Vick was sentenced to 23 months in federal prison and three years' probation for his role in a dogfighting conspiracy. The suspended Falcons quarterback is looking at a scheduled release of July 2009. Story
Update• GM: Falcons will attempt to trade Vick
• Lawyer: Vick might move to halfway house
• Former Vick estate fails to sell again
• Vick house fails to sell at auction
• Vick files for bankruptcy protection
• Prosecutor: Vick's Virginia trial can wait
• Vick ordered to repay Canadian bank $2.4 million
• Judge denies NFL motion to reverse Vick ruling
• Report: Vick not playing organized football in jail
• Report: Vick passes time with prison-yard football
• Vick's state dogfighting trial to begin June 27
• Munson: Vick yet to enter drug treatment
The sentence• Vick sent to Kansas to serve rest of sentence
• Vick asked judge for leniency before sentencing
• Vick sentenced to 23 months | Document (pdf)
• Poll: What do you think? | What they're saying
• Clayton: Sentence puts career in jeopardy
• Munson: Tough sentence by displeased judge
• Teammates show support at Falcons game
• Can Vick return to playing in NFL?
• Pasquarelli: No longer top of mind in Atlanta
• Last Vick co-defendant sentenced
• Podcasts : Cossack | Schlereth | Munson/Naqi | Pasquarelli
• Chat wrap: David Cornwell
Post Plea• NFL wants court to reverse Vick bonus ruling
• Victory for Vick: QB can keep $20 million bonus
• Fifth defendant in Vick case receives probation
• Vick's house for sale for $1.1M
• Some Falcons to visit Vick in prison
• PETA unveils new e-card
• Former Virginia estate fails to sell at auction
• Out of Falcons' sight, almost out of mind
• Judge's casework offers look at possible sentence
• Remaining dogs placed with rescue groups
• Source: Feds may push judge to up sentence
• NFLPA argues Vick should not lose roster bonus
• Vick co-defendants get 18, 21 months in prison
• Vick agrees to put up almost $1M for dogs' care
• Vick given April trial date on state charges
• Vick surrenders to begin serving sentence early
• Home at center of Vick dogfighting scandal sold
• Vick fires one of his lawyers in dogfighting case
• Man who sold Vick pit bull pleads guilty
• Man connected to Vick dogfight ring pleads guilty
• Third bank sues Vick, claims he defaulted on loan
• Arbiter: Falcons have right to reclaim bonuses
• PETA: Vick had class on animal cruelty
• Evaluations show 48 of Vick's dogs placeable
• Vick tests positive for marijuana
• Vick supporters turn out for town meeting
• Vick's apology notes fetch $10.2K at auction
Vick's Plea/NFL Suspension• Vick pleads guilty to federal dogfighting charge
• The plea (PDF) | Statement of facts (PDF)
• Vick's statement: Watch it | Read it
• Roger Cossack explains plea deal
• Poll: Vick should be banned
• Va. Tech, Beamer continue to support Vick
• Vick supporters drown out protesters
• NFL suspends Vick indefinitely | Goodell (PDF)
• Chris Mortensen on Vick's suspension
• Vick files plea agreement admitting to dogfighting
Indictment• Marbury's about-face: Vick 'is 100 percent wrong'
• National NAACP: Vick 'not a victim' | Audio
• Atlanta NAACP: Vick should be allowed to return
• Falcons come to terms with 'ex-teammate'
• Vick timeline | What they're saying
• Helyar: Even Atlanta turns against Vick
• Goodell: Vick not overshadowing season
• Vick co-defendant pleads guilty to charges
• Tony Taylor: Summary of Facts | Plea agreement
• Hometown residents stand by Vick
• Falcons had planned to suspend Vick
• Commish tells Vick to avoid camp
• Vick indicted | The indictment (pdf) | Civil arrest warrant (pdf)
Town Hall meeting• Town Hall chat wrap: Chadiha
Previous columns/analysis• Munson: Q&A on Vick reporting to prison early
• Munson: Looking at Judge Hudson
• Vick's high school learning lessons
• Bryant: Confounded by race issue
• Munson: Q&A about local indictment
• Munson: Next focus for Vick is length of sentence
• Schlabach: Vick an afterthought on VT campus
• Chadiha: Vick not running from truth
• Hill: Coverage means bigger issues ignored
• Wojciechowski: Pay attention to the fallen star
• Bryant: Vick's plea deal comes with baggage
• Bryant: In failing Vick, NFLPA fails itself
• Munson: Vick plea means surrender
• Forde: Vick's epic fall
• Pasquarelli: Major blow for Falcons
• Chadiha: Lots of lessons to be learned
• Wojciechowski: Punishment with teeth
• Easterbrook: Little sympathy?
• Clayton: Vick's NFL future might be bleak
• E-Ticket: A history of mistrust
• Chadiha: Vick's bad choices