Vick co-defendant strikes deal
'This could be very bad news" for Falcons QB, veteran criminal defense attorney says


The Atlanta Journal-Constitution
Published on: 07/28/07

One of the men facing federal dogfighting charges along with Falcons quarterback Michael Vick is discussing a plea deal with federal prosecutors, which could spell bad news for Vick.

Tony Taylor, 34, of Hampton, Va., has a plea agreement hearing scheduled for 9 a.m. Monday in the U.S. District Court in Richmond before Judge Henry E. Hudson. Meanwhile, court records show a sealed order signed by Hudson was issued in the case Friday, which might or might not be related to Taylor's plea.

Brant Sanderlin / AJC
Falcons quarterback Michael Vick, shown entering court Thursday, faces a potential problem with a co-defendant who has discussed a deal. xjxx
 

The plea hearing could mean that Taylor, who pleaded not guilty to the charges Thursday, has agreed to cooperate with federal prosecutors. Vick and the two other co-defendants in his case also pleaded not guilty Thursday.

"This could be very bad news for Vick," said Steven D. Benjamin, a veteran criminal defense attorney from Richmond who has represented many clients before Hudson. "If he is pleading guilty, he is cooperating with the government."

Taylor could get a lighter sentence through a plea deal.

"Whoever is the first in line gets the best deal," said Michael Morchower, a former federal prosecutor and now a Richmond criminal defense attorney who has also represented defendants before Hudson.

"That's the problem with co-defendants. They are going to want to save themselves. And the government wants cooperation. And the person who cooperates first gets the biggest reward."

Taylor's attorney could not be reached for comment Friday night. And a spokesman for Vick did not respond to a telephone call for comment. Federal prosecutors have declined to discuss the case.

At Taylor and Vick's arraignment Thursday, federal prosecutors announced they would seek a "superceding" indictment in the case before the end of August, which could mean additional charges and defendants.

A federal grand jury this month indicted Vick and Taylor and their two co-defendants -- Purnell Peace and Quanis Phillips -- on a single count of conspiracy relating to dogfighting.

They face up to five years in prison and $250,000 in fines if convicted on the charge of conspiracy to travel in interstate commerce in aid of unlawful activities. If convicted of another alleged offense -- conspiring to sponsor a dog in an animal-fighting venture -- they could face up to one year in prison and $100,000 in fines.

The indictment says Vick and the others set up a business called "Bad Newz Kennels" to raise and train pit bulls for fighting. They staged the fights, according to federal prosecutors, in Smithfield, Va., on property Vick bought in 2001 after Taylor identified the site as a suitable location for their activities. Prosecutors say Vick and his friends crossed state lines to participate in dogfights in several other states.

For their case, prosecutors are relying on four unnamed cooperating witnesses mentioned in the indictment. Vick's name also is mentioned repeatedly in the document. For example, the indictment says Vick, Peace and Phillips executed approximately eight dogs they determined not to be good fighters by hanging, drowning and slamming at least one dog's body to the ground. Taylor executed at least two dogs by shooting one and electrocuting the other in 2002, the indictment says.

The indictment also says Vick and the others bet on the dogfights. And it details how Vick retrieved a book bag containing $23,000 in cash at one point to pay a winning opponent.

The case stems from a drug investigation involving Vick's cousin -- Davon Boddie -- on Vick's rural property in Surry County, Va. Boddie listed the property as his address after being arrested on a drug charge in April.

After they investigated the property, authorities said they found kennels, treadmills, a "rape stand" used to restrain aggressive female dogs during breeding, and 54 pit bulls, some with scars and injuries officials said are consistent with dog fighting.

During an interview in April, Vick blamed family for the mistreated dogs but has declined comment since then.

But his attorney read a statement after the arraignment Thursday, proclaiming his innocence.

"Today you all either heard or saw Michael take the first step toward proving his innocence," his attorney Billy Martin said Thursday. "We intend to prove Mike's innocence at trial. We are conducting our own investigation. ... And we look forward to the opportunity to being able to walk inside this courtroom and saying to the world that Michael Vick is innocent."


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