Provisions of Vick's alcohol use unclear

August 25, 2009|By Jeff McLane, Inquirer Staff Writer
  • With Kevin Kolb and Adam DiMichele observing, Michael Vick drops back to pass during Eagles practice. If Vick plays in the team's third preseason game Thursday against Jacksonville, it will be his first game action since the 2006 season.

Although the Eagles and the NFL say that Michael Vick's recent public alcohol consumption has not violated the terms set by his probation, the court document detailing provisions for the quarterback upon his release from custody is not clear on the matter.

Tony Dungy, meanwhile, admonished Vick in an interview after the former NFL coach was made aware of his protégé's public drinking.

"Michael, you can't do that," Dungy said in a report on SI.com.

On Aug. 15, the day after the Eagles introduced Vick, the 29-year-old was seen at a Philadelphia Airport Marriott restaurant drinking a vodka and pineapple juice cocktail. A New York Post article the next day described Vick's activities. Three witnesses near the restaurant bar told The Inquirer that they saw the new Eagle have one drink.

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Eagles spokesman Derek Boyko wrote in an e-mail Sunday that Vick was "not in conflict with terms of his probation or reinstatement with the NFL."

The court document states that "the defendant shall refrain from excessive use of alcohol," but a "special conditions clause" is cloudy when it comes to the amount of alcohol use permitted during Vick's probation.

"The defendant shall participate in a program approved by the Probation Office for substance abuse, which program may include residential treatment and testing to determine whether the defendant has reverted to the use of drugs or alcohol, with partial cost to be paid by the defendant, all as directed by the probation officer," the document states.

The document was filed Dec. 10, 2007, the date Vick was sentenced to 23 months in a federal prison for conspiracy and running "a dog in an animal fighting venture." He was released in May and was placed on two months of house arrest when he began a three-year probationary term.

The "special conditions of supervision" clause "allows the probation office to require an offender to attend and submit to any substance abuse testing or treatment," said Selma Benns, deputy chief U.S. probation officer at the Eastern Virginia-Richmond Division. "And it is determined by the court or the probation office when the services are needed."

Benns, while not commenting specifically on Vick's case, said that the definition of "excessive use of alcohol" varies from "court to court and judge to judge."

"In definition, it would be something that would negatively impact one's aspect of life," Benns said. "That's generally how our office has interpreted that condition."

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