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The San Diego Union-Tribune

 
Vick's actions put NFL in bind

Guilty or not, Falcons' QB deserves his day in court

July 21, 2007

If the allegations can be proved, prison is too good for Michael Vick.

Those who would drown, hang, shoot or electrocute dogs deemed unworthy of fighting to the death deserve the swift justice and slow torture of a less civilized society.


BEBETO MATTHEWS / Associated Press
PETA protesters carry signs and shout slogans calling for the the suspension of Atlanta Falcons' Michael Vick.
You might begin by boiling them in oil, even at $75 a barrel, or consider the comparative advantages of keelhauling. You could study the playbook of the Spanish Inquisition for some helpful hints on inflicting pain, or perhaps reprise some of the more gruesome tales from the Tower of London.

And that's just for starters.

“I am confident,” West Virginia's Robert Byrd thundered Thursday on the floor of the U.S. Senate, “that the hottest places in hell are reserved for the souls of sick and brutal people who hold God's creatures in such brutal and cruel contempt.”

Hear, hear.

But before we go all medieval on the Atlanta Falcons' embattled quarterback, let's remember that an indictment is not a conviction and that human beings have some rights animals have thus far been unable to negotiate.

Michael Vick is still entitled to his day in court, no matter what he may have done. He is entitled to be judged without being prejudicially prejudged by his employer. Even if he happens to be the devil, he deserves his due.

So as much as NFL Commissioner Roger Goodell likes to emulate Judge Roy Bean, and to wield the league's conduct policy like a blunt instrument, his latitude may be limited here – if not by the American presumption of innocence, then by the NFL's collective bargaining agreement and/or personal prudence.

The league's conduct policy stipulates that players charged with criminal activity are required “to undergo an immediate, mandatory clinical evaluation and, if directed, appropriate counseling.” Yet the commissioner's disciplinary powers don't really come into play unless the player fails to comply with the evaluation requirement or is involved in additional criminal activity during his evaluation period.

Pacman Jones and Tank Johnson were suspended as repeat offenders. Michael Vick's rap sheet, by comparison, is brief. That's an important distinction as Goodell implements his get-tough policy. Moreover, since the perils in acting prematurely are as clear as the Duke lacrosse fiasco, the commissioner may want to wait on a conviction before issuing a suspension.

Some analysts would have Vick suspended based only on his ownership of the property where the feds found extensive evidence of dogfights. Though Vick's claim of benign neglect lacks credibility, suspending him on that basis alone would sure suggest a rush to judgment.

“I think the NFL is between a rock and a hard place,” San Diego attorney Len Simon said yesterday. “I don't know if the commissioner has a factual basis for punishing (Vick) separate from the criminal proceeding. He doesn't know what happened . . .

“Vick's got a job. He's got a contract. You generally can't take away somebody's contractual rights based on allegations.”

What you can do, however, is to cajole. What you can do is to bully. What you can do is to use whatever muscle you can muster to make the situation more tolerable for the most possible parties.

Much as the NFL might wish that Vick would vanish before his presence overwhelms and tarnishes the opening of training camp, the league is unlikely to act unilaterally until the case is heard. The simplest solution, then, may be to persuade Vick to accept a paid leave of absence until the acrid smoke surrounding him dissipates. This, multiple reports suggest, is exactly the way the league is leaning.

Kobe Bryant preferred to keep playing for the Los Angeles Lakers in the face of explosive allegations of sexual misconduct. Pete Rose chose to continue managing the Cincinnat Reds during the 1989 investigation of his gambling addiction. That said, however, the allegations laid out in the indictment of Vick and his co-defendents are so detailed and disturbing, and the animal rights lobby is so aggressive, that it's hard to see how the Falcons could maintain any semblance of the status quo with Vick in uniform.

Because Vick plays pro football's most crucial position, his absence would have a profound impact on the Falcons. Since he owns one of the NFL's highest salaries, replacing him could prove prohibitive. But with the image of the league and the Falcons franchise at stake, short-term considerations should be secondary – even to Falcons owner Arthur Blank.

“Please be assured that we are working diligently on exploring our options,” Blank said in a statement to Falcons fans Thursday. “ . . . Given the differing perspectives and strong feelings around this issue, we probably won't make everyone happy, but we are committed to doing the right thing.”

Translated: Stay tuned.

Should Vick insist on playing, either to assert his innocence or to avoid the perception that he's admitting guilt, the best-case scenarios would be that the Falcons camp would become a contentious circus, a police state or be closed to the public altogether. The potential for serious problems would seem acute.

“The descriptions of the mutilation and devastation of these animals has outraged the public beyond (previous cases),” said Jack Berkman, whose San Diego public relations firm specializes in crisis management. “At this particular time, if I was the owner of the Atlanta Falcons, I would allow business as usual to continue. I would have (Vick) practice, continue with the team and to maintain his focus.

“(But) You have to continually take the temperature of the team and take the temperature of the situation and see if it escalates. If it becomes very detrimental to the team . . . the reputation of the Falcons, the reputation of its ownership and the reputation of the league should be paramount.”

From here, it appears that the temperature has already escalated past the boiling point. Guilty or innocent, Michael Vick could probably use a vacation.


Tim Sullivan: (619) 293-1033; tim.sullivan@uniontrib.com

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