Bonds hits #756, so what?

Selig was a no-show, so what?

When I was kid, I could never have imagined that almost everyone would have a tiny telephone that tethered them to the rest of the world.

When my dad was a kid no one ever imagined anyone would ever hit 714, again.

Now thanks to the miracle of modern science, almost all of us have electronic chains in our pockets or purses, or worse yet clipped to our belts. Technology that seemed so gargantuan in scope, and almost ridiculous to imagine receives calls all over the world and sends text messages every day.

And thanks to the miracle of modern medicine, a goy who should have been a 350 HR hitter just clocked 756. Guys who wouldn't have dreamed of hitting 400 dingers in 20 yeras now see 800 HRs as a realistic possibility, as long as they lift weights, take vitamins and rub their muscles sore muscles with flaxseed oil.

So Bonds ushered in the new, inflated era of HR baseball. Who cares?

Bud Selig tuned his head and looked the other way. What else is new?

I made a cell phone call today. I never could have dreamed of it 30 years ago. Now, It's just a normal, everyday task.

Bonds hit 756 yesterday. That would have meant something in 1975 or 1985. Today? So what.  

If  Sunday's Hall of Fame game was any indicator (it probably isn't, really) Mike Tomlin will have folks forgetting about the 15-year sideline sideshow in Pittsburgh by week 3.

That's why I had to take exception to Alex Marvez' statement that Tomlin is filling the shoes of a legend (Cowher), as Cowher did with Chuck Noll. True, Noll stayed way past his effectiveness, but he also built the greatest single team, and executed the greatest run of any NFL Coach since Paul Brown. It's no mistake that Noll was fruit of the gargantuan Paul Brown tree. It's also no mistake that Cowher was a dried out berry of the mediocre Schottenheimer bush.

As legendary, 4-ring winning, QB, Terry Bradshaw said, Cowher takes great teams and coaches them into mediocrity.

Steeler fans should pray that Tomlin doesnt fill Cowher's shoes. That means fourteen years of frustration and post season failure in their own house, and one year of blind shithouse luck. Noll won 4 Supes in 6 years. Cowher was a January disgrace. He gaged like Fox gags the Dark Knight. That not a good following act. The only legacy Cowher shares with Noll is that they both stayed way too long.

So it's perfectly obvious why Tomlin felt the need to restore the fundamentals, speed and toughness to the Steelers. Cowher talked huge and delivered small. His rants and goonery quickly became meaningless when players had soft practices and never faced discipline. Sure Cowher picked the occasional assitant to fire for a terrible season and he even benched a player, once; but Chuck Noll, everyone was his fall guy. You produced or you sat, and even Bradshaw lived under that rule. Amazingly, his people produced.

So if you saw the game, Tomlin was looking mighty Noll-esque on the sidelines. Patient, and businesslike with an occasional smile. It's clear that Tomlin knows that winning is not the product o####ood show, but rather the result of teaching, accountability and hard work.

So Alex, you had the right idea, but the wrong Coach. If Tomlin is following in anyone's shoes, it is the tradition and style of the Emperor, not the buffoon.

Steeler fans should be delighted. They've finally got a coach who understands what Steeler football is about; not a slobbering goon whose SB is beating his mentor's team twice a year.

Good luck Mike. You have the biggest shoes in modern NFL football to fill. I respect you for taking the challenge.

Although the news came as a bit of a surprise to me yesterday, it was a pleasant surprise, nonetheless. For those of you who live in caves, take shelter under the earth or like soccer, Roger Goodell gave Michael Vick his long overdue leave of absence from the NFL. While Vick fully intended to continue to shame the league, and destroy the franchise he has worked so hard to defame, Roger had another idea.  What in the name of Chris Mortensen was Goodell thinking? I'll tell you.

And before the Mexipologists rush to decry this as evidence of conviction without trial, please take a breath and gather yourselves. Every NFL contract has a morals clause, every NFL contract falls under the ultimate purview of the NFL.  Just like players can turn to the NFL to take action against teams to enforce contracts, the NFL can take actions to hold players to their contracts. The time-out Papa Goodell gave Vick has been overdue since Vick's poorly thought salute to the folks in the Georgia Dome. He's earned it many times over.

But why, you ask, did it take so long?

Because athletes get free passes, that's why. I'm not saying they should, but they do. I call this the "look the other way" syndrome. Popularized by MLB, the "look the other way" syndrome has been around as long as athletes have been celebrities. From the first High School QB who got away with a DUI because the homecoming game was the upcoming Saturday, to the dumb-assed NFL QB's who take it upon themselves to digitally express their dissatisfaction with the fans and face no recrimination. They get free passes because nobody wants to lose because they sat the star player.

Arthur Blank may be very rich, but that wealth, as much as one might think otherwise, does not immunize him from the syndrome. If anything, it makes him more susceptible. No one wants to cut the guy who puts #### in seats. Why; that's bad business. What Blank and many others don't (or at least haven't) realize(d) is that paying $130mm to a weak character guy whose game hasn't gotten beyond the sandlot  is a bad decision. Giving him free passes is a recipe for disaster.

It was sad to see that Blank was so enamored of Vick's (already eroding) physical gifts that he still didn't have the nerve to take swift action. But I'm not surprised. Blank knows a good deal more about selling screen doors than setting up screen passes. The reality is, that if your team linchpin is weak, you have a weak team.  "The fish rots from the head down", the Chinese say.

Vick has already been humiliated twice by the Eagles in the second season. Tampa has him solved and any NFL defense that stays home and does their job has no problem making life hell for the NFL's most exciting, below-average QB. Sure the sandlot act looks dazzling against pretenders. But that $130mm equals a 1-2 record in the second season, because those opponents are more than capable of stopping a one dimensional offense. Now, on top of less results for more money than any QB in NFL history, Vick adds "franchise killer" to his resume.

Yes, "Human Highlight Films" are fun to watch. But what city should know better than Atlanta (see, Williams Dominique) about how far that gets you come crunch-time. How many players have ever been able to win a professional team sports championship alone? 0. How many players have been able to raise a team of even average team mates to championship level? Maybe three in the last century. Seven very expensive years in, Vick is not number 4. He's proven to be as far away from #4 as can be with his recent conduct and selfishness.

What Roger Goodell knows and Arthur Blank does not, is that no one player makes a franchise, and if you get rid of him, he can't break a franchise either. It's a 53 man team, and just like no one man is above the law, no one player is more important than 53.

So thanks Rog. Thanks for protecting the game I love from those who have no love for the game, anyone or anything but themselves.

And shame on you Arthur. You built a huge business and you know you don't do that looking the other way

My father used to say, "the more I learn, the less I know". That was the defining statement of his wisdom. Because if this life tries to teach us anything, it's humility. But some just fight that lesson to the bitter end.

I just read a fluffy post about "the power of the meme". It's an old phrase that portends to add some mystic significance to communication, regardless (almost in spite) of the quality of its content. It's a silly phrase. It's the kind of verse that conspiracy theorists use to dance away from reality, and self-serving writers use to try and puff up the significance of their work.

Let's look at the "power of the meme", though, as it pertains to incomplete or inaccurate sports star reporting, in it's proper context.

The meme does have power, but like all empowered social artifacts, its power is limited. In this case, its power is not over-arching as that author would have one believe, but severly hampered by two key factors.

One key consideration is truth. In the simplest terms, one can call an empty space a chair, but the rational viewer, one who knows what a chair is, doesn't see a chair. So the power of the meme in that viewer's eyes is nothing. Absolute Zero.

Another key consideration is the willingness of the listener accept the message, prima facie. It is a proven fact of human nature that thinking beings (whose minds have developed into the abstract ) question, rather than accept statements prima facie. It begins with toddlers asking "why"? Questioning continues and only intensifies until death. We are not only naturally inquisitive, we are socialized constantly to challenge the information presented to us.

Further still, that willingness goes beyond questioning to outright denial of the truth. It's equally proven that human beings not only struggle with information when presented it, they regularly choose (consciously or unconsciously) to deny it. Denial is a staple of human behavior.

So let's not get all wrapped up in a poetic turn of a phrase. Yes, "the power of the meme" exists. It exists exactly as much as the viewer/reader/listener allows. No more, no less.

Why is this relevant to sports? Because there are those, like this blogger, who would rather turn to verse, than turn to the truth.

Information items like the Michael Vick indictment is not the result of the "power of the meme". Public response is not the result of the "power of the meme". The "meme" is meaningless without the substance to give it meaning.

Vick is not the victim of journalists. He's the recipient of  the consequences of his actions.

As my good friend Dr. Phil says, "I've been to a few county fairs". That means I know that these allegations don't spring from the ether. There are 32 QB's in the NFL, many are bigger stars in much bigger markets than Vick, and would be much bigger prizes for the US Attorney. Let's hear someone accuse Peyton Manning of running a dogfighting operation and see how far the "power of the meme" gets 'em. Pick up a copy of the Boston Globe and look for the article about Tom Brady selling meth out of his basement. It isn't in there. But if you want to learn all about his relationship with Gisele, or his baby-daddyance with Bridget Moynihan, it's in there. Because those are things he does/did.

Sure, the "power of the meme" sounds all mystical and makes for great theater, but once you've been to a few county fairs, you know that the real power of  words is in the actions/items that substantiate those words. It's fun copy to write, I'm sure. But in my line of work, you learn pretty quickly how simplistic reality really is.

Without artifacts, words are meaningless.

Recently, a blogger posted an lengthy piece called "Putting the Vick Case in Perspective". I didn't have time to respond to it specifically, but it so shocked me that I felt I had to, at some point. I found that the piece included many misstatements regarding the legal issues and many faulty analogies as well.

I was shocked and deeply disturbed by the cynicism that went into the post. I love all living beings and hate to think one would let themselves fall into such an angry, defeatist perspective.  A big part of me also found it hard to believe that the writer wasn't just playing us for fools to get a reaction. I'll congratulate the blogger for achieving their purpose though, if making me sick, confused and enraged all at the same time was job 1.

Either way, I committed myself to a response to this gut-wrenching effort , so here it is. 

The excerpts from this blogger's piece are in italics and my responses are in regular type.

“First of all, why was he indicted?”

Why was Vick indicted? All criminal charges are the result of indictment, Felony or Misdemeanor. If the defendant is arrested during (“the scene of the crime”) the instant offense, the indictment hearing follows or is waived.” If the defendant is not arrested during the instant offense an indictment hearing is taken to a grand jury prior to arrest. Grand juries must convene in secrecy to protect the rights of the defendant against being thrown into the court of public opinion. Also, a complaint is what a witness or victim makes, what the DA files is a “criminal information”.

“In the state of Virginia, as well as 47 other states, dog fighting is a felony. However, it is a state, not federal felony.”

Dog Fighting is a Federal Felony (House Resolution 137 & Senate 261, signed May 3, 2007). But all intrastate Felonies regardless of statutory residence are under Federal purview.  That’s why Mike Vick will be going to a Federal prison instead of a state facility. The Federal Government established an arm of the USDA expressly to enforce dog fighting statutes. Resolution was overwhelmingly approved with bi-partisan support.

“Vick and the three other defendants could face up to 6 years in prison and $350,000 in fines.”

Vick and his co-defendants face far more than 6 years in prison. You must be unaware of the 1984 Federal Sentencing Reform Act. Vick’s punishment will be determined by a base offense value, enhancements for gross pecuniary gain in the conspiracy and other potential enhancements for the egregiousness of the offense(s). The Government, (“at its sole discretion” a phrase with which you might want to familiarize yourself) is also afforded the latitude to impose sentencing consecutively rather than concurrently, as well as to depart above the guideline maximum and even the statutory maximums if (in the government’s sole discretion) the government sees fit to do so. The only room for leniency, however, (because Vick is as far away as possible from having medical or personal circumstances that would justify a departure) is a (Section 5K-1) departure below the mandatory minimum USSG for a substantive contribution to the conviction (not merely prosecution) of another offender. Hard to imagine since his co-defendants rolled on him first; but he can probably drop on a handful of dope dealers, so there’s still hope for Mike getting a departure, if he’s willing to get shot after he gets out jail.

“There is also the race card to consider.”

The race card is a non-issue. The Feds could care less about the race card. They put blacks in jail at an overwhelmingly high rate and never answer for it.

“Can we get to the bottom line here? OJ Simpson and Robert Blake both had a lot of evidence against them in their respective murder trials, and both were found not guilty.”

The bottom line with Simpson and Blake was that they had greater resources, more capable lawyers, and went up against bumbling, underpaid, 2nd rate law enforcement. Vick might be able to throw $20 or 30 million up against the best equipped and funded law enforcement agency in the Milky Way galaxy, a group of prosecutors whose budget is larger than the GDP of many first world nations. Vick’s could hire every huge name perp-skater in the US and still get squashed financially. Heck, Vick could throw all his cash in a barrel, Arthur Blank could sell Home Depot for cash and throw that in, then Vick could borrow every cent that Bill Gates and Warren Buffet have and still not have a drop in the bucket compared to Uncle Sam. I guess what I’m trying to say is the Simpson and Blake analogies are faulty.

“Is anyone else as bothered about the apparent lack of teeth in the indictment as I am?”

 There are plenty of teeth in the indictment, but they’re the big ones, not the nibblers. Take a peek at how the United States Sentencing Guidelines for conspiracy charges work. The USSG is all about placing a pecuniary value on crimes, then adding enhancements. The conspiracy charge means that an individual is held accounting for the sum total of the offense, not just their participation; as the old English rule of law says “in for a penny, in for a pound”. That’s why the criminal information is structured in the fashion the Feds chose, not because the indictment lacks teeth.

“The alleged crimes took place on "his property", but a direct link to Vick and this dogfighting ring has not been authenticated.” 

Having crimes take place on one’s property is as direct a link to a crime as exists.

“Is Vick guilty? Sure looks that way, if you consider his past behavior. Will he be found guilty? Nope. If OJ can walk with the victim's blood in his house, a gash in his hand and his whereabouts at the time of the murder iffy, then Vick will walk. If Robert Blake can openly offer money to hitmen to kill his paramour, be with her the night she died and threaten to kill her on the phone, and still walk, then Vick will walk. You can count on it.”

Will Vick be found guilty? No. He will take a plea, so he will admit his guilt before it is adjudicated. If he is stupid (or worse yet, gullible) enough to burn a fortune going to trial then he will be found guilty (and broke) and the Feds will punish him as close to death as is possible within the bounds of the 1984 SRA. If anyone doubts this, just check into the sentences of   convicted Federal criminals who refuse plea deals. Their sentences are usually double or triple what the plea would have been.

I do pray, though, that Vick goes to trial. It would be an ####-tearing unlike any we've seen in the last 100 years.

Yes I know, everybody and their sister have weighed in on Mike Vick. Yes I know, it's starting to get a little redundant. But there's one more thing I know, people are going nuts trying to divert from the real issue. So I'm going to address a few myths for sanity's sake:

1. Mike Vick has been "singled out" because of his status.

No. Mike Vick has been indicted because he bought a property specifically for dogfighting, funded the operation, and chose freely to partner with three ex-cons to run the show. Any common perp would be arrested/indicted for this.

2. The Feds couldn't catch Vick, so they indicted him.

No. The Feds didn't catch Vick, the locals did. But they turned their heads and whistled, so the Feds had to enter the picture.

3. The indictment is "bogus".

No. Anyone who knows about how the government plays the jail game knows that the Feds don't indict until the game is %99.9 won. Federal indictments are also the result of a pool of "jurors" reviewing the evidence and voting to charge someone with a crime or crimes. This is not the result of some hack DA going off half-cocked to try and make a name for himself. Besides, the Feds aren't in the business of embarassing themselves with 'bogus" charges, either.

4. Dogfighting isn't as serious as killing pepole, so this is overkill.

No. While the dogfighting penalties are not as severe as human murder, it is a felony in 48 states. Further, dogfighting was viewed as such a serious issue that the Federal Government created an enforcement branch within the USDA long before Vick's name was even whispered in the same breath as dogfighting. But Vick will not be punished for murder, so capital murder is not a discussion point.

5. Vick will hire expensive lawyers who will discredit the co-defendants and get him a walk away.

No. Vick will blow a fortune on lawyers, but his $130 million is #### in the ocean compared to the resources the Feds have. Many people are confusing themselves into thinking this will be Kobe or OJ's "dream team" overwhelming bumbling, underpaid, poorly funded, local authorities. It's the reverse here. The Feds are the hotshots, Vick's highly paid lawyers know that they have little choice but to go hat in hand to the US Attorney. But they might take a lot of Mike's money before they tell him that.

As far as discrediting the co-defendants goes, these are Mike Vick's partners, not guys who saw him on the street one day. You can't have better prosecution witnesses, and the Feds promise nothing for testimony. They only offer a chance at a sentence reduction based on their sole discretion.

6. All the evidence hasn't been heard yet. So Vick's still got his story to tell in the trial.

Yes. But that's not good news. The indictment is not the worst of what the jury will see. An indictment is a summary. When a summary is 18 pages long, that means the whole story is even longer and more gruesome than we can probably imagine. The last thing Vick wants is to be a rich athlete, explaining to a jury about how he didn't know and participate in the torture and killing, for gambling purposes, of defenseless animals, when he bought and paid for the property used expressly to do so. The ignorance claim doesn't work in these kind of cases.

7. People are rushing to convict #7 before all the evidence is heard.

No. People are rushing to offer an opinion based on a gruesome indictment. Vick is being afforded his due process and will be tried and convicted just like every other criminal or tried and acquitted like every other acquittee. Just don't hold your breath on that 2nd part.

8. Wasting Federal Resources on dogfighting stops us from capturing terrorists, real criminals, etc.  

Folks, the Federal budget is not hundreds, thousands, millions or even billions, it's made out of trillions of dollars. There's plenty of money to capture all the various types of crooks and still have enough left over for a pack of gum & some skittles. The reason we don't get all the crooks is that our system of jurisprudence affords the presumption of innocence. Thus, we have law enforcement, not crime prevention. Unfortunately, the presumption of innocence means that some crooks will stay out of jail. We've chosen that as the lesser evil over some innocent people go to jail. Of course there are miscues, but for the most part, it works that way.  

For anyone who wants to know what Mike Vick is facing (and read 18 horrifying pages) here's a link to the indictment.

http://www.thesmokinggun.com/archive/years/200
7/0717072vick1.html?link=rssfeed

It's especially recommneded for those of you who are hoping that "due process" will allow Vick to escape unscathed.

It restores my faith in our system.

When that grand jury handed down the indictment of four dog-fighting and gambling conspirators on Tuesday, it did my heart good. We got something right for a change.

It's nice to know that even after all the garbage that has bought their way out of jail because of sloppy, poorly managed and even corrupt local officials, that the mighty powerhouse finally stepped in and set right this time.

I know that this turn of events is exactly, almost chapter and verse, what another poster before me promised. But it was difficult, based on some of the transgressions that have gone unpunished in the last decade or so, to believe in the system anymore.

And still, there are those who will confuse, or convince themselves into thinking that Vick will somehow elude punishment in the federal system like he has eluded tacklers on the field. It's likely that the same attitude is what made Vick think he could get away with this. It's more than likely that Vick thinks his ability to be elusive stretches beyond sports. But he's so wrong, he'll be going to prison, losing his job, getting suspended, and unless Arthur Blank forgets what business men do, returning his signing bonus because of it.  

Big Mike is above the law!!!

To make matters worse, Vick's efforts to lie about his involvement and lay the blame on others will only exacerbate his situation. The Federal Government doesn't take kindly to those who refuse to take responsibility. Unless he can somehow offer up something of value to the Feds (which seems unlikely because the 18 page indictment is very detailed), Vick will not only carry the full weight of the conspiracy, he will be prosecuted as a "ringleader" under the RICO act. The truth is, unless Vick can turn rat on a bigger perpetrator than himself, he's gonna be the most exciting player in the federal prison system for at least a few years. If the judge adjudicating his case sticks to form, Vick's sentence will not be reduced but increased above the federal guidelines.

Now some will kid themselves into thinking that Vick will pull out a miracle like he has a few times on the football field. But the fact is, when you hit the big time, miracles only come against the mediocre competition. Vick could create magic against the cellar dwellers and garbage defenses of the NFL, but when he came up against quality defenses he was  humiliated. Now he's facing the most powerful prosecution machine in the world, holding an 18 page chronicle of egregious illegal transgressions. A chronicle that shows that he not only participated in a crime, but bought the land and built the operation.

What the judge and jury will be seeing come trial time

What the indictment doesn't say though, is that there are already a list of folks who have lined up to tell the Michael Vick story, and that it is very unbecoming. When the case goes to trail, despite all the futile efforts to suppress evidence, move for dismissal, etc., the Feds will have even more witnesses and even more evidence to share. That's the thing with indictments, they are summaries.

So kid yourselves or not, friends. Vick will have played his last down in the NFL, for some time, sooner than you think. That'll teach you to take legal counsel from Chris Mortensen. The Feds have an astronomical prosecution rate for good reason. They don't even knock at the door until the game is played and the trial is a formaility. The guidlines could have him in the pokey for 15 years (3 counts, five years each count), but the good news is he could be out in just over 13 years with good behavior. While it's unlikely he'd get thre counts concurrently, that's going to be at a "hanging judge's" discretion.

Maybe Vick will do the smart thing (though he obviously is not one to choose the smart thing) and plead out, but be assured he will be pleading to less prison time, not probation. It's possible he could get plead out to two counts and get as little as 2-3 years if he suddenly turns responsible, cooperative and contrite. But based on the evidence, the judge might not accept a lenient plea deal or any plea for that matter.

Si, your honor.

More likely, Vick's dangerous combination of financial wealth, limited intelligence and huge ego will lead him right to the blood thirsty lawyers who will champion his innocence until he is proven broke. Because the lawyers who defend people who brutally abuse and murder innocent animals for sport and gambling, aren't in the justice business, they're in the exploitation for profit business. So if Vick continues to think he's above the law, there's a legion of litigators just slobbering (pardon the pun) over a fool and his money. Then he'll end up with much more prison time, and much less money.

Vick's new Jersey. He has to sew the #7 on, himself.

And that's the delicious irony here. Michael Vick will probably choose be exploited for profit, thrown in a cage with a bunch of desperate, scarred and violent animals. And then if he's lucky, he'll be returned to life outside the cage wearing the mark of his misdeeds. Sound familiar?

So the only question that really matters now is; how on earth did Vick every think that he could lie down with dogs and not end up with fleas? 

Something right happened this week. Thank God.