Special conditions placed on Vick after positive marijuana test
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 distance 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.
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.
"This is a very difficult time for Mr. Vick," Vick's attorney, Billy Martin, said in a written statement. "He will comply with the court's new conditions regarding release."
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.
Copyright 2007 by The Associated Press
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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
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