Michael Vick's defense lawyers seek plea deal
I know this is not a Georgia criminal case, but it is a case involving a famous Georgian. It seems impossible to avoid coverage of this case in the Atlanta news media. (I've even been quoted a few times on the local National Public Radio affiliate about my opinions.)
Here's what's happening now. Three of Vick's co-defendants have entered pleas and will almost certainly be testifying against Vick if he goes to trial. That changes things. Before the plea agreements, Vick was facing the testimony of some unknown informants who were expected to say that Vick attended and bet on some dog fights. There was also undisputed evidence that Vick owned the house where the dogs were trained. All of that information is outlined in the indictment. But the real evidence will come from the people who were at the dog fights and who know Michael Vick. Unfortunately for Vick, three of those people just joined the government's team.
But Vick is not completely without hope. Any decent defense lawyer would be able to impeach the testifying co-defendants based on their plea deals with the government. As reported today in the Atlanta Journal Constitution, Vick's co-defendants have entered plea agreements that will help them avoid some jail time if they help the government convict Vick.
It's a common practice in federal criminal cases. In most federal prosecutions, a convicted defendant's sentence is primarily determined by the federal sentencing guidelines. In a dog-fighting case like this, the guidelines would likely call for some prison time. The best way to avoid prison time, or at least reduce it, is to get credit for cooperating with the government. When someone enters a plea and cooperates with the government, there is a provision in the plea agreement that allows for a "5K motion." A 5K motion is a motion filed by the government pursuant to Section 5K1.1 of the federal sentencing guidelines. Section 5K1.1 allows the sentencing judge to depart from the federal guidelines when a defendant has provided "substantial assistance" to the government in a criminal investigation. It is up to the government to determine whether the assistance has been substantial, but once the motion has been filed, the amount of the reduction is up to the judge.
Even if Vick cuts a deal, his co-defendants will probably get that 5K reduction because their pleas helped bring Vick to the table. Unfortunately for Vick, the first to talk is usually the first to walk in a federal criminal case. We should know by Friday if Vick will bite the bullet and cut a deal.
