Print

Feds oppose bringing Vick to Va. for hearing

By The Associated Press
Posted 8:50PM on Tuesday 10th March 2009 ( 16 years ago )
RICHMOND, Va. -- Federal authorities filed court papers Tuesday objecting to a plan to bring former Atlanta Falcons quarterback Michael Vick from the federal penitentiary in Leavenworth, Kan., to testify at his bankruptcy hearing in Virginia.

Vick, who is serving a 23-month sentence for bankrolling a dogfighting operation, filed for Chapter 11 bankruptcy protection in July.

U.S. Bankruptcy Judge Frank Santoro said last month that Vick must testify in person at a hearing in Norfolk on April 2, even if the suspended NFL star's attorneys have to get a court order to make it happen. Santoro said he would deny confirmation of Vick's bankruptcy plan if he fails to appear.

The federal prosecutor's office in Alexandria, Va., said in its objection that ``Mr. Vick's testimony will offer relatively little that cannot be accomplished by alternative means.''

The prosecutor said all parties to the bankruptcy have had an opportunity to question Vick under oath at the first creditors' meeting or through deposition, and he can be made available to testify by video hookup from Leavenworth.

If Santoro insists that Vick's presence is essential, the prosecutor said, he can either delay the confirmation hearing until Vick can appear on his own or require Vick to pay the ``not inconsequential'' costs of complying with the writ.

Santoro scheduled a hearing on the issue for Wednesday morning.

Vick's bankruptcy lawyers, Peter Ginsburg and Paul Campsen, did not immediately respond to messages from the AP seeking comment.

``Despite the fact that he is in bankruptcy Mr. Vick remains a wealthy man, with the prospect of attaining greater wealth in the near future,'' the U.S. attorney's office said, noting that the proposed reorganization plan would allow Vick to keep the first $750,000 of his annual income after he is released.

Vick is scheduled to be released from federal custody July 20, and he has said he intends to resume his pro football career.

A government official told The Associated Press last month that Vick has been approved for transfer to home confinement no sooner than May 21. The official spoke to the AP on the condition of anonymity because the person was not authorized to discuss the matter publicly.

The U.S. attorney, who filed its objection on behalf of the federal marshals and the U.S. Bureau of Prisons, said logistical and security issues required more than 23 days notice to manage the transfer.

``Mr. Vick's crime continues to engender strong feelings by members of the society. The possibility of protests has to be evaluated, anticipated and planned for by the Marshals Service,'' the court papers say.

The objection came a day after Vick's attorneys asked Santoro to approve ``findings of fact'' that would be the basis for issuance of a writ by the U.S. attorney. The lawyers attached the proposed court order directing the warden of Leavenworth to turn Vick over to U.S. marshals for the trip to Virginia.
Michael Vick

http://accesswdun.com/article/2009/3/218516

© Copyright 2015 AccessNorthGa.com All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.