07-31-2007, 03:05 PM
We've finally had a chance to read the paperwork filed on Monday in connection with the Mike Vick dog-fighting prosecution, and the 13-page "summary of the facts" contains no significant new information, with the exception of a statement at paragraph 4 of the document that the BadNewz Kennels operation and gambling monies were funded "almost exclusively" by Vick.
Though that assertion from Tony Taylor should surprise no one, since the other three guys don't play, you know, pro football, it's the first time that this statement has been articulated in connection with the prosecution's case.
As a procedural matter, this new document differs from the original indictment because one of the members of the alleged conspiracy is now admitting that the conspiracy existed, and is acknowledging as true most if not all of the indictment's allegations through and until his departure from the operation in September 2004.
Contrary to popular belief, the document reflects no plea bargain of any kind. Instead, Taylor is saying, "I did it; I'm guilty."
And the only potential benefit he'll receive is the same benefit that the others would receive by accepting responsibility now for their alleged misdeeds. Under the federal sentencing guidelines (which are no longer mandatory but which are routinely followed), 'fessing up to the crime early can result in a lesser sentence.
Though Taylor likewise has no deal to "cooperate" with the government in the prosecution against Vick and the other two defendants, there's nothing more for Taylor to do. By signing the "summary of facts," he has provided prosecutors with a road map for his direct examination when he is called to testify at trial.
So what does it all mean to Vick? In order to secure a "not guilty" verdict, Vick will now have to persuade a jury that Taylor's agreement with all of the charges made against him was and is a bald-faced lie.
Good luck with that.
Though we're reluctant to compare this case to the O.J. Simpson prosecution (but will nevertheless do so), assume that Simpson's pal Al Cowlings had been arrested for participating in the murders, and had immediately pleaded guilty as charged, to all charges, acknowledging in writing and later under oath that he and Simpson killed the two victims.
As we see it, Simpson's chances of skating under those circumstances are roughly the same as Vick's now.
Though that assertion from Tony Taylor should surprise no one, since the other three guys don't play, you know, pro football, it's the first time that this statement has been articulated in connection with the prosecution's case.
As a procedural matter, this new document differs from the original indictment because one of the members of the alleged conspiracy is now admitting that the conspiracy existed, and is acknowledging as true most if not all of the indictment's allegations through and until his departure from the operation in September 2004.
Contrary to popular belief, the document reflects no plea bargain of any kind. Instead, Taylor is saying, "I did it; I'm guilty."
And the only potential benefit he'll receive is the same benefit that the others would receive by accepting responsibility now for their alleged misdeeds. Under the federal sentencing guidelines (which are no longer mandatory but which are routinely followed), 'fessing up to the crime early can result in a lesser sentence.
Though Taylor likewise has no deal to "cooperate" with the government in the prosecution against Vick and the other two defendants, there's nothing more for Taylor to do. By signing the "summary of facts," he has provided prosecutors with a road map for his direct examination when he is called to testify at trial.
So what does it all mean to Vick? In order to secure a "not guilty" verdict, Vick will now have to persuade a jury that Taylor's agreement with all of the charges made against him was and is a bald-faced lie.
Good luck with that.
Though we're reluctant to compare this case to the O.J. Simpson prosecution (but will nevertheless do so), assume that Simpson's pal Al Cowlings had been arrested for participating in the murders, and had immediately pleaded guilty as charged, to all charges, acknowledging in writing and later under oath that he and Simpson killed the two victims.
As we see it, Simpson's chances of skating under those circumstances are roughly the same as Vick's now.