Vick’s prison fate in hands of ‘tough but fair’ judge

By Larry O'Dell

Last updated on May 12, 2016 at 02:55 p.m.

RICHMOND, Va. – The judge who will determine how much time Michael Vick spends in prison has shown little mercy over the years for high-profile defendants.

Nobody knows this better than defense lawyer Robert H. Smallenberg.

In 2004, he represented a city official who stole more than $1 million from Richmond taxpayers. He was well aware that U.S. District Judge Henry E. Hudson had earned a reputation for handing down stiff sentences

“Tough but fair” is the description most often heard from lawyers who appear before Hudson, who owns a Bichon Frise dog and declined to be interviewed.

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Based on his personal experience, Smallenberg said he won’t be surprised if Hudson takes a similarly tough position in the case of NFL star Vick, who is scheduled to plead guilty to a federal dogfighting conspiracy charge Monday.

A government official, speaking on condition of anonymity because terms of the plea agreement are not final, has told The Associated Press that prosecutors will recommend a sentence of one year to 18 months. However, the maximum sentence is five years, and Hudson is not bound by any recommendation or by the federal sentencing guidelines.

Vick’s lawyers will try for the shortest possible sentence.

“Unless they have some mitigating circumstances in their favor, they’re going to have some problems,” Smallenberg said.

Even so, Hudson will likely prove to be a tough sell.

Vick’s lead attorney, Billy Martin, is aware of the challenge.

“We know we will be appearing before a judge who is considered a very fair judge but also a judge who is very firm,” he said.

“We’re hoping at the right time to show the other sides of Michael Vick to Judge Hudson. The media and the indictment show one very small side of Mr. Vick, which is not his best side. We’re hoping to show the whole person as this case evolves.”

Since his indictment in July, the Atlanta Falcons quarterback has become a public symbol of animal abuse. His already-tarnished image suffered even more when two codefendants said Vick participated in killing at least eight underperforming pit bulls.

Those men and a third codefendant have pleaded guilty and were prepared to testify against Vick had the case gone to trial.

Although the Vick case is the most sensational one to come before Hudson since President Bush appointed him to the federal bench in 2002, he has handled cases involving locally prominent people.

Hudson ascended to the bench through the law enforcement ranks, starting as a deputy sheriff in Arlington County in 1969. He also has served as a local prosecutor, as director of the U.S. Marshals Service and as a circuit court judge in Fairfax County.