When it comes to his effort to avoid jail for violating the terms of his house arrest, Vikings receiver Michael Floyd has an ally: His employer.
According to Brian Murphy of the St. Paul Pioneer Press, Vikings C.O.O. Kevin Warren sent a letter to the presiding judge supporting Floyd’s claim that he didn’t know kombucha tea contains alcohol.
“I am writing to request Mr. Floyd not have his court mandated requirements negatively impacted since he did not know the kombucha he ingested contained alcohol,” Warren wrote in the letter dated June 21.
In a sworn affidavit, Floyd said the team encourages players to drink the tea for health reasons, and that it is “on tap” at the team’s training facility. (That may not be the best choice of words.) Floyd also hired a forensic pathologist to explain that, because Floyd purchased a case of kombucha tea without refrigerating it, additional fermentation occurred, elevating its alcohol content.
Perhaps most importantly for Floyd’s case, the forensic pathologist concluded that, based on Floyd’s explanation regarding the amount of kombucha tea he ingested before failing multiple home alcohol tests, the time frame during which he drank it, and the blood-alcohol concentration that was measured, the numbers are “achievable and consistent” from consuming kombucha tea “to a reasonable degree of medical and scientific certainty.”
The question now becomes whether prosecutors have hired an expert of their own to dispute the conclusions from Floyd’s expert, or whether prosecutors will simply say, “It doesn’t matter. He was prohibited from consuming alcohol.” Ultimately, the question will be whether the judge is motivated by any of this to give Floyd a pass or to say, “It doesn’t matter. He was prohibited from consuming alcohol.”