Indictment Near for Michael Vick, Success Uncertain

Officials believe there should be enough evidence to indict Michael Vick.

ByABC News
May 31, 2007, 1:49 PM

— -- Two law enforcement officials familiar with the investigation have told ESPN.com they believe there is sufficient evidence to indict Michael Vick in connection with a suspected dogfighting ring that was run on property the Falcons quarterback owned in Virginia.

The sources, however, cautioned this week that, based on the current evidence, it might be difficult to successfully prosecute Vick, who has denied knowledge of dogfighting at the property in Surry County.

"There is probably enough there to bring a bill [of indictment]," said one source, "but how some of [the evidence] would play out at trial, or if it even reached a trial ... I just don't know. These kinds of prosecutions are tough. There are some holes, definitely, and that's why [investigators] are digging for more information. You want more than just smoke. You're always looking for the smoking gun.

"I mean, what you think you know and what you know you know, and what you can prove to other people you know ... well, they aren't always the same. But this is a fluid thing, so we'll see where it goes."

On Wednesday, Surry County Commonwealth's Attorney Gerald G. Poindexter told ESPN that he recently received a call from a person whom he deemed credible, and that the informant gave him information regarding the ongoing investigation. Television station WAVY of Portsmouth, Va., reported Wednesday that informants have come forward who have said that they can link Vick to dogfighting.

"We have people who are volunteering to make those allegations," Poindexter said. Asked if there was evidence that placed Vick at dogfights, Poindexter said, "Yes."

Poindexter told ESPN's Kelly Naqi that he is convinced dogfighting took place on the property, saying he is continuing to pursue a strong case against Vick.

"If he did anything, he won't get away with it, if we can prove it. But it's not easy," Poindexter said. "That's why we're moving carefully, slowly. We're trying to build a strong case."

Poindexter referenced a 2000 case which involved dogfighting and which was dismissed over Fourth Amendment issues. He said he has forward affidavits to the State Attorney's Appellate Division to have officials there review it in terms of its admissibility for court. He cited the same Fourth Amendment issues as the reason he did not permit officials to move forward with a warrant to search the Vick property earlier this week.