09-26-2007, 03:24 PM
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Points: 25,099, Level: 69 | | Michael Vick has tested positive for marijuana
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A urine sample submitted by Michael Vick has tested positive for marijuana, and as a result he'll have tighter restrictions on his freedom.
The test was taken on Sept. 13. Because of the positive test, federal court probation officer Patricia Locket-Ross, who is assigned to Vick, asked Judge Henry Hudson to place special conditions on Vick's release, which include refraining from use or unlawful possession of a narcotic drug or other controlled substance. He was placed under pretrial release supervision by U.S. Magistrate Dennis Dohnal in July.
The new ruling means Vick must submit to any method of testing at any time. Methods of testing could include urine testing, the wearing of a "sweat patch," a remote alcohol testing system and/or any form of prohibited substance screening or testing.
Vick must also participate in a program of inpatient or outpatient substance therapy and mental health counseling if the pretrial services officer or supervising officer deem it appropriate.
Vick is also now restricted to his residence every day from 10 p.m. to 6 a.m. or as directed by the pretrial services officer. The home confinement will include electronic monitoring.
Vick pleaded guilty in August to a federal dogfighting charge. He is set to be sentenced on Dec. 10.
Because Vick violated the conditions of his release, Hudson could take that into consideration during sentencing, said Linda Malone, a criminal procedure expert and Marshall-Wythe Foundation professor of law at the College of William and Mary.
"Every judge considers pretty seriously if they feel that the defendant has flaunted the conditions for release," Malone told The Associated Press.
"It's certainly not a smart thing to do."
Vick's attorney, Billy Martin, did not immediately respond to an e-mail seeking comment from the AP.
Vick has admitted helping kill six to eight dogs, among other things. His three co-defendants also have pleaded guilty. One of them, Quanis Phillips, failed a drug test and was ordered jailed after his plea.
Phillips and co-defendants Tony Taylor and Purnell Peace were placed on electronic monitoring at the time of their arraignments because they had prior criminal records.
Vick had no prior criminal record, so monitoring is the next step for him, the U.S. Attorney's Office said. Another failed drug test likely would land him in jail.
In January, Vick was cleared by police of any wrongdoing after his water bottle was seized by security at Miami International Airport. Police said it smelled of marijuana and had a hidden compartment that contained a "small amount of dark particulate."
Lab tests found no evidence of drugs, and Vick explained that he used the secret compartment to carry jewelry.
On Tuesday, Vick also was indicted on state charges of beating or killing or causing dogs to fight other dogs and engaging in or promoting dogfighting. Each felony is punishable by up to five years in prison.
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