Tip:
Highlight text to annotate it
X
JACKPOT THIS TUESDAY.
THE MEGA MILLIONS PRIZE WILL
BE ABOUT $250 MILLION.
THE NFL'S FALCONS ARE TAKING
AIM AT MICHAEL VICK'S POCKET
BOOK AND SEEKING MILLIONS FROM
THE QUARTERBACK.
THIS AFTER THE NFL ANNOUNCED
THEY WERE SUSPENDED VICK FOR
FOLLOWING A PLEA AGREEMENT FOR
HIS IN A DOGFIGHTING RING.
DAVID SCHWARTZ IS A CRIMINAL
DEFENSE ATTORNEY AND A FORMER
PROSECUTOR.
THANKS FOR JOINING US AND YOUR
REACTION TO THE EFFORTS BY THE
FALCONS TO GET THEIR MONEY
BACK FROM THE SIGN BEING
BONUS.
DO THEY HAVE A STRONG CASE?
>> I DO BELIEVE THAT THE NFL
IS SEEKING TO SEPARATE
THEMSELVES RIGHT NOW FROM
MICHAEL VICK AND THE FALCONS
ARE LOOKING TO GET BACK THE
MONEY THEY PAID.
HE MADE PROMISES TO THE
FALCONS THAT HE WAS GOING TO
PLAY FOR THE TEAM.
CLEARLY HE IS NOT GOING TO BE
PLAYING ANY TIME SOON IF EVER
AGAIN.
>> DID THE PLEA DEALS NEGATE A
SIGNING BONUS?
>> NOT NECESSARILY.
THE SIGNING BONUS IS A SIGNING
BONUS.
IT'S NOT CONTINGENT UPON THE
PERFORMANCE OF THE CONTRACT.
THE $22 MILLION PAID TO VICK
IN THE BEGINNING OF THIS
CONTRACT IS NOT CONTINGENT
UPON THAT PERFORMANCE AND FROM
A DEFENSE STANDPOINT BY
MICHAEL VICK'S LAWYERS, HE
SHOULD KEEP THE FULL $22
MILLION.
>> I WAS SHOCKED PROSECUTORS
WOULD AGREE TO HAVE HIM PLEA
TO SOMETHING LESS THAN THE
OTHER PHRAO*E DEFENDANTS THEY
REACHED DEALS WITH.
WHY WOULD YOU AGREE TO HAVE
HIM THERE WITH DOGS KILLED,
BUT I DIDN'T DO THE KILLING.
WE SAID THEY WERE ALL INVOLVED
IN THE KILLING.
>> DID HE HAVE TO LOOK AT THE
CRIMINAL CULL PABLT IN THIS
CASE?
THE CRIMINAL CULL PABLT WITH
VICK IS NOT THE SAME AS THE
OTHER THREE.
THE DEAL MADE IN THIS CASE IS
APPROPRIATE AND IT HAPPENS
EVERY DAY AND HE IS LOOKING AT
A RANGE FROM 12-18 MONTHS.
THE GUIDELINES ARE ADVISORY.
THEY ARE NOT MANDATORY ON THE
FEDERAL JUDGE AND HE IS FACING
A MAXIMUM OF FIVE YEARS UNDER
THE STATUTE.
>> THE JUDGE DOES NOT HAVE TO
STAY WITH THE GUIDELINES.
I THINK THIS GUY SHOULD BE IN
FOR LONGER.
>> ABSOLUTELY.
UP UNTIL A FEW MINUTES AGO,
THEY ARE MANDATORY.
THEY ARE GUIDELINES AND THIS
JUDGE CAN SENTENCE HIM WITHIN
HIS OWN DISCRETION.
THIS PARTICULAR JUDGE HAS HIS
OWN DOG.
I THINK HE WILL TAKE INTO
ACCOUNT ALL THE FACTORS
RELEVANT WHEN DETERMINING THE
KIND OF SENTENCE AND
PUNISHMENT TO IMPOSE.
>> CAN HE TAKE INTO ACCOUNT
THIS THAT THIS GUY WAS A ROLE
MODEL, HIGHLY PAID WITH A HIGH
VISIBILITY.
CAN THE JUDGE TAKE THAT INTO
ACCOUNT?
>> THE JUDGE IS GO TO TAKE
INTO ACCOUNT ALL MITIGATING
AND AGGRAVATE BEING FACTORS.
IF HE BELIEVES THEY REALLY CAN
GO WAY BEYOND THE GUIDELINE
RANGE.
IF YOU ARE MICHAEL VICK'S
ATTORNEYS, YOU ARE TRYING TO
KEEP HIM WITHIN THAT GUIDELINE
RANGE.
THE STRATEGY IS TO GET THEM TO
12 MONTHS AND GET THEM BACK
INTO FOOTBALL AS QUICKLY AS
POSSIBLE.
>> MOST OF THE MONEY WAS
MICHAEL VICK'S.
YOU HAD A LOT OF HANGERS ON
WHO WERE ENABLING THEM TO BE
INVOLVED IN GAMBLING.
>> I BELIEVE SO.
I KNOW HE SAID AND THERE HAVE
BEEN STATEMENTS MADE THAT HE
DIDN'T GAMBLE HIMSELF, BUT HE
BANK ROLLED THE OPERATION, IF
YOU WILL.
PERFORMING THE PROPERTY AND
THE DOGS AND ALLOWING IT TO GO
ON IN HIS HOUSE.
I THINK THE EXTENT TO WHICH HE
WAS RESPONSIBLE FOR THE
GAMBLING AND THE DOGFIGHTING
IS WHY WE SEE HIM ACCEPTING
RESPONSIBILITY NOW.
IT MAY NOT BE RESPONSIBILITY
FOR EVERYTHING HE HAS DONE,
SHE CERTAINLY GETTING THE
BENEFIT OF A GOOD BARGAIN.