Professor Darryl C. Wilson on Reaction to Michael Vick's Indictment

Stetson University College of Law Professor Darryl C. Wilson, who co-authored a leading sports law case book (with Robert McCormick and Matthew McKinnon) and has been certified as an NFL contract advisor, responds to my comments and those of several readers on Michael Vick's indictment. Among other points, he questions why so many of us care about the indictment and the underlying behavior that Vick is alleged to have committed, while we do not appear concerned about many other, arguably worse forms of behavior that many of us are routinely engaged in (e.g., we kill thousands of animals a day for meat, and yet dog fighting upsets us). Here are his comments:

Once again the sports community is awash in hypocritical hyperbole as they go out of their way to villanize an athlete for something that has nothing to do with his/her sport.

Millions will change hands this weekend as we shout for blood and will walk away particularly satisfied if one of the athletes gets "retired" permanently one way or another in this weekend's fights, be they boxing, UFC, or other, but we are appalled at the idea that Vick might be "involved" in animal fighting.

I like the comment on the ham sandwich also being indicted. The ham sandwich will surely get off since sports is too filled with hams for them to let one of their own go down for being in the wrong place at the wrong time.

Vick should be smarter and do better and blah blah blah but America loves to put the athlete on an undeserving pedestal, only to noose the statute later on and cheer as it comes toppling down. This is especially true of the overpaid uber minority who was done a favor by our beloved sports system and apparently ungratefully turned his/her back on the great institution. While Vick is certainly ultimately responsible for his involvement on whatever level, the media wildfire is nothing he or we deserve.

That idiotic comment by [U.S. Senator] Robert Byrd, who stood on the floor of Congress, where talk went from America's ongoing daily billion dollar draining foray into Mid-Eastern warfare to sports, to say the hottest place in hell was reserved for Vick and his fellow accused IF they were guilty as charged. Surely the hottest air on earth emanated from his mouth at that time and as the media keeps the heat on Vick it will be another sad day in American sports history if another very talented athlete gets burned for something as moribund as being involved in an activity that is clearly part of American and world culture.

This from a country that kills dogs and other pets by the millions daily, grinds them up with other junk, and feeds them to livestock that people will ultimately eat. The Jungle is alive and well on many fronts as another unwarranted feeding frenzy gets out of hand.

Making the NBA's Gambling Ref Pay

News broke this weekend of an ongoing FBI investigation into NBA referee Tim Donaghy. Donaghy, who seems to be a man of truly exemplary personal character, is accused of betting on NBA games (surely a violation of league rules), associating with low-level mobsters, and may have bet on games which he called as a referee. There are suggestions that he may have called games to enhance his prospects of beating the "spread." Of course, innocent until proven guilty and all that jazz. Donaghy may face serious criminal sanction, and has already resigned his officiating position, but might he also face civil liability? Some possible claimants:

1. Ron Artest, John Green, and the Palace of Auburn Hills. Donaghy was one of the officials calling the infamous "Basketbrawl" game between the Pistons and the Pacers. If he bet on that game (which was a blowout long before fisticuffs erupted), and allowed things to get out of hand in part to protect his wager, he might be on the hook to anyone who has suffered financially as a proximate result of his misconduct. That would include anyone sued as a result of those events.

2. Rasheed Wallace. Donaghy had a famous interaction with Wallace, in which the player questioned his calls in a post-game shouting match. Wallace was suspended, and if Donaghy had bet on that game, might Wallace legitimately recover his lost wages for the suspension period (assuming there were some)? Might he also recover damages associated with the contribution that this incident may have made to the development of his reputation as a bad apple? Perhaps he would have gotten a higher contract without such a label.

3. Bettors on the other side of the spread. In Nevada, at least, legal bettors on NBA games on the other side of the spread might have some sort of claim against Donaghy for violating the state's gambling laws.

Even those who support relaxing bans on players or coaches betting on their own teams can hardly tolerate an official betting on games in which he may play a decisive role.

The only problem? By the time Donaghy gets done (unsuccessfully) fending of the FBI, his official residence will be the poor house.

The Legal Significance vs. Reputational Significance of an Indictment

ESPN columnist Mike Sando has an excellent column on how many have rushed to presume Michael Vick's guilt based on the indictment and its support documents, when there is a significant chance, based on the very demanding criminal conviction standard of "beyond a reasonable doubt" and on the fact that the government's evidence has not yet been studied or challenged, that Vick will be found not guilty.

As I wrote about a few days ago, grand jury hearings are typically secret and one-sided in favor of the government. The prosecutor decides which witnesses to call and which witnesses receive immunity. The basic questioning is done by the prosecutor, and the defendant doesn't even have a right to have his or her attorney present. Even worse for the defendant, an indictment only requires "probable cause," meaning more likely than not--a far cry from "beyond a reasonable doubt" for a criminal conviction. There has been much criticism of grand juries as unfair devices for the prosecution, and that they have been misused as tools to shame defendants, especially in high-profile cases.

Sando interviews a number of criminal lawyers for his column, including Maryland-based defense attorney Jonathan L. Katz, who tells him:

The prosecutor can get an automobile indicted. The prosecutor puts in the witnesses that he wants and then at the end he says, 'Look, here's an indictment, please agree to it. It just requires the grand jury members to find there is probable cause to believe that a crime occurred. Well, probable cause is not much more than a hunch.

Sando also interviews Charlottesville, Va., attorney Neal Walters, a regular lecturer at the University of Virginia:

In point of fact, it's incredibly rare for a grand jury not to issue an indictment. It makes good drama on TV, but in that sense, if the U.S. attorney goes to grand jury, it's highly likely they are going to get an indictment.

My former criminal investigations professor, Charles Whitebread, is also interviewed by Sando (some of you may know Professor Whitebread from the BarBri videos, and for those of you taking the bar exam next week, good luck):

The main thing you should watch out for is convicting the guy based on a grand jury indictment,. People hear 'grand jury' and think, 'Oh, what a grand bunch.' They think he's guilty.

For the rest of Sando's column, click here. He also raises a number of good points about how Commissioner Roger Goodell has likely handled this situation well.

Indiscriminate sharing of links

OK, maybe not indiscriminate, but after a long week, instead of boring you with my own thoughts, I'll point you in the direction of some other good stuff to read.

- Via Awful Announcing, it looks like maybe the national media is starting to talk about what we've known all along, and what Fire Joe Morgan has been blogging about for so long... Joe Morgan is awful.

- Are all of the pieces falling into place for the Sonics to move from Seattle to Oklahoma City?

- From Just Call Me Juice via Deadspin... one of the greatest videos ever.

- An NBA ref betting on games... uh, yeah, this is really bad news for the NBA. Could be one of the more interesting stories to follow the rest of the summer.

- OK, maybe the Bucs are going a little overboard with this QB thing.

- From The Sports Flow some of the best incoming freshmen in college football next year.

- I agree with Pacifist Viking... I have respect for anyone that can quote Gandhi.

Have good weekend!

SPANISH FOOTBALL TRANSFER BRIEFS

According to local daily,"AS", ATLETICO DE MADRID & BENFICAhave come to an agreement to transfer SIMAO over to the Spanishclub for 19M€.Apparently the deal with the player is for 4 years & with a salary of 2.5M€/season. The player has been pressuring his club for a release & Simao could be in Spain early next week for the medical check up & presentationAlso from "AS", its said that SEVILLA FC has

Deuce McAllister's Business Empire

In a week dominated by news of Michael Vick's indictment, it's nice to read a positive story about an NFL player.

In the Jackson Clarion-Ledger, Jack Mazurak has a feature article on New Orleans Saints running back Deuce McAllister, his successful business investments, and his goals to revitalize Jackson, Mississippi (the state's largest city and capital).

A native of Mississippi and a former star at Ole Miss, the 28-year-old McAllister has built something of a business empire in Jackson: he owns Deuce McAllister Nissan (the number 1 selling Nissan dealership in Mississippi over the last three months) and a used car dealership, and also has significant financial interests in Deuce McAllister Volkswagon Audi Jaguar, a forthcoming Land Rover dealership, and a company devoted to historical restorations of old property in Jackson and to commercial real estate endeavors. He also runs the Catch 22 Foundation charitable group, and has donated over a million to Ole Miss to help build an indoor practice facility for the football team.

I'm interviewed for the story, and I discuss how McAlister is unique among professional athletes in pursuing such an expansive and successful business career during his playing career. Certainly, many star players enjoy endorsement deals, but not too many own multiple car dealerships and other companies.

I also think it speaks well of McAllister to recognize that his NFL income won't continue indefinitely--although not germane to a 7-year veteran like McAllister, the average NFL career only lasts three and a half seasons, and we've already discussed serious concerns about the NFL's pension and disability benefits for retired players. Along those lines, I suspect foresight and long-term financial views are not easily obtained when one is a professional athlete, making millions of dollars a year and enjoying the superstar life that goes along with it; the fact that McAllister is preparing for a lucrative post-playing career in the business world (as some other pro athletes have accomplished, such as former NBA star Dave Bing and The Bing Group), likely distinguishes him from the vast majority of players in his league and from those in the other major pro sports leagues.

In addition to showing his own business acumen, McAlister shows the wisdom of teaming up with business experts and delegating day-to-day responsibilities to his CEO, Matt Bataille, so that he can remain focused on his NFL career,--which, after rushing for over a 1,000 yards last season with an average of 4.3 yards per carry on a team that made it to the NFC Championship game, also seems to be going very well.

Baseball Quiz: Off-field and On-field Rules

Two nice tidbits from Jim Caple's Off-Base this week. Both relate to sports law, understood as the law governing sports.

First, Caple points out how San Diego's Chris Young manipulated the system in serving a 5-game suspension for throwing at the Cubs' Derrek Lee last month. Young pitched the Wednesday before the All-Star Game, then began his suspension with the next four games before the Break--games, Caple notes, in which Young almost certainly would not have pitched. Young then pitched in the All-Star Game, then sat out the team's first game after the Break--another game in which he likely would not have pitched. So Young was "suspended," yet in that time never missed a start, never missed a game in which he likely would have appeared, and got the honor of pitching in the All-Star Game (Motto: "This time, it counts, but not too much"). Caple argues, correctly, that this is a problem with MLB's system of suspensions as they apply to starting pitchers and to rules that allow the player to determine when he will serve his suspension.

Second, Caple presents the following pitching line for Oakland reliever Kiko Calero, last Thursday against the Twins.

2/3 IP, 1 H, 0 R, 0 ER, 0 BB, 0 K and one (1) pitch.

How could he pitch 2/3 of an inning (meaning he got two men out), give up one hit, and only throw one pitch?

Give your best guesses in the Comments (and no jumping to Caple's column for the answer). I will reveal the result tomorrow.