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Michael Floyd prosecutor isn’t buying the kombucha tea defense

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More will be known about the fate of Vikings receiver Michael Floyd when we returns to court at 4:30 p.m. ET regarding allegations that he violated the terms of his house arrest. For now, it’s clear that the prosecution is not inclined to cut him any slack.

“He’s in violation and should serve the rest of his jail time,” Caron Close told Brian Murphy of the St. Paul Pioneer Press.

Floyd received a 120-day jail term after pleading guilty to extreme DUI in Arizona. He served 24 days in custody, and he then was permitted to finish the time on house arrest. Presumably, the prosecutor will be taking the position that the full 96 days that Floyd was due to serve on house arrest should now be spent behind bars.

If that happens, Floyd would unavailable for all of training camp, the preseason, and into the regular season. Though he currently faces a minimum suspension of two games for the DUI guilty plea, he otherwise would be permitted to participate in practices and preseason games.

Floyd admits that he tested positive for alcohol; he claims that he had been drinking kombucha tea, and that he didn’t know it contains alcohol. His BAC was measured at 0.055 percent, which means that it contained a lot of alcohol or that he drank a lot of it.

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55 Responses to “Michael Floyd prosecutor isn’t buying the kombucha tea defense”
  1. dwoofer says: Jun 26, 2017 12:52 PM

    He got a break on the plea the first time around (it should have been “Super Extreme DUI”) so the judge should not give him another break

  2. lingsun54 says: Jun 26, 2017 12:54 PM

    He got a lot less than the average citizen would get. It disgusts me how much favoritism NFL players get.

  3. pastabelly says: Jun 26, 2017 12:56 PM

    Nothing from the prosecutor hoping that Floyd learns better to deal with his alcoholism. This sounds a bit crass. .08 is considered legally impaired and he was about .05. I’m not suggesting that .05 is appropriate for an alcoholic, but it provides perspective that this really could have been a misunderstanding and that he wasn’t even impaired.

  4. unclebluck says: Jun 26, 2017 12:57 PM

    I remember watching Floyd play for ND and thinking he would do well in the NFL. Floyd has a serious issue with alcohol dependency. I hope he gets himself some help and can straighten out his life……

  5. waynefontesismyfather says: Jun 26, 2017 12:58 PM

    Good to see a prosecutor with a spine willing to stand up to the “rich and famous” in saying the rest of the sentence should be served.

    Just like Tiger Woods, slap on the wrist for his drug induced passing out on the side of the road, Floyd got essentially nothing. If that was any of us common people we’d get 15 years of hard labor like that kid in North Korea.

  6. robkeezy says: Jun 26, 2017 12:59 PM

    0.08 is the legal limit here in FL, which, depending on your body type is the equivalent of a can and a half of beer, so no, I don’t think it’s unreasonable to think it came from Kombucha tea. Otherwise, he would’ve had to drink an extremely small amount of alcohol, which, history has shown to prove, people with alcohol problems do not tend to do. Kombucha contains 0.5% alcohol, as that’s the legal limit allowed to be sold by the FDA, even the lightest of beers has 4% alcohol in a single serving. I understand he’s not supposed to have any alcohol period, and perhaps it was an oversight on his part, perhaps it was on purpose, but this is starting to seem like a bit of a witch hunt.

  7. The Phantom Stranger says: Jun 26, 2017 1:00 PM

    I’m not a great legal scholar, but isn’t it the prosecutor’s job to not believe the case of the defense? What matters is what the judge believes.

  8. intrafinesse says: Jun 26, 2017 1:01 PM

    The legal alcohol limit is: 0.08%

    If he was at 0.055% then he was drinking A LOT more than one tea. If Kombucha is 0.5% instead of 5% for beer then he’d need to drink 30 of those in less than an hour. That’s far more than your stomach can hold.

    If his blood alcohol content was 0.0055% (one tenth of what it was) then maybe it could be that high if he chugged a liter and then took the test.

    Break the law, and get to avoid jail if you don’t do what you did to get busted in the first place (i.e. drink) sounds like a pretty fair deal to me.

  9. thirtys37en says: Jun 26, 2017 1:04 PM

    The amount of alcohol in Kombucha is so negligible that there is no way he could get .055 on just that.

  10. youafool says: Jun 26, 2017 1:05 PM

    Dude you aren’t doing your math right. So if Kombucha has .5% that means you would have to drink 10 drinks of it to equal one beer (5%). Also one beer usually works through your system in about an hour and a half. So that means he downed 10 kombucha drinks in an hour? Was he shotgunning them? Come on man he would have been floating down a river with that much tea in him.

  11. genericcommenter says: Jun 26, 2017 1:07 PM

    robkeezy says:…. I understand he’s not supposed to have any alcohol period, and perhaps it was an oversight on his part, perhaps it was on purpose, but this is starting to seem like a bit of a witch hunt.
    ——————

    A large % of “fans” here have a really strange relationship with sports, where they like to see any pro athlete knocked down because they are envious of guys blessed with a marketable skill set. Sometimes exceptions are made if the guy looks like Frank Gifford.

  12. screwmemean says: Jun 26, 2017 1:12 PM

    Let him go! He is a professional athlete for crying out loud. He doesn’t have to abide to the rules like the rest of us.

  13. demo1984 says: Jun 26, 2017 1:13 PM

    Actually robkeezy it is much more than a can and a half to get to .08. I used to think it wasn’t much either until I had to do the DUI aerobics and take a breathalyzer. I started drinking at 730p.m. And between 730-930 had 4 beers. Then on my way out of the bar I ran into a friend I hadn’t seen in a long time. Ended up closing the bar at 1:00 a.m. I probably had another 5 beers between 930 and 1 am. So I had 9 beers from 730 – 1230. I blew a .068. I am 5’10 180lbs.

  14. elyasm says: Jun 26, 2017 1:16 PM

    Has any prosecutor ever bought a defense? What happens, do they stand in front of the judge and exclaim: By golly, he’s right!

    It’s the job of the prosecutor to oppose any argument made by the defense, even if they agree with it personally. The only opinion that matters is the opinion of the judge (and sometimes, the jury). File this article under No Duh.

  15. tjacks7 says: Jun 26, 2017 1:18 PM

    Unfortunately the prosecutors opinion doesn’t mean much. He has to prove it. So, he can waste tax dollars hiring an expert to argue against Floyds claim or opt to let it go. Floyd should have had a stiffer sentence to begin with, but no sense throwing good money after bad now.

    The only question left is what our lord and savior Roger the dodger will do.

  16. allight59 says: Jun 26, 2017 1:20 PM

    Packer secondary having a prayer meeting hoping he gets jail time….

  17. mackcarrington says: Jun 26, 2017 1:21 PM

    You guys arguing about percentages and how much he had to drink, blah blah, blah, are hilarious. He wasn’t supposed to have ANY alcohol in his body at all! Period! He’s doing 3 months in jail.

  18. walleye436 says: Jun 26, 2017 1:24 PM

    Josh Gordon flunked a drug test and only one of the test vials were over the legal limit and the one that he failed on was only was like .o1 over……his punishment …..! year suspension . Let’s see if the punishment is the same

  19. davew128 says: Jun 26, 2017 1:24 PM

    pastabelly says:
    Jun 26, 2017 12:56 PM
    Nothing from the prosecutor hoping that Floyd learns better to deal with his alcoholism. This sounds a bit crass. .08 is considered legally impaired and he was about .05. I’m not suggesting that .05 is appropriate for an alcoholic, but it provides perspective that this really could have been a misunderstanding and that he wasn’t even impaired.
    *******************************************
    You’re kind of missing the point. Terms of his house arrest and probation are zero tolerance. In real terms, that means if he’s blowing into a breathalyzer, he can’t even be using alcohol mouthwash. Those are the terms he agreed to when he accepted the plea bargain and only got 24 days to serve. At this point, dealing with his alcoholism is a post sentence completion.

  20. tjacks7 says: Jun 26, 2017 1:27 PM

    Maybe Roger will invent a new made up exempt list to handle this very unusual circumstance (or as a way to circumvent the system in order to dish out a highly unusual and overkill suspension).

  21. Chris says: Jun 26, 2017 1:27 PM

    The math for his defense just does not add up. But it would be fun for the judge to tell him to recreate the circumstances of his positive test to avoid jail. Let’s see Floyd chug 7 or so of these drinks over the course of a couple of hours (as he claimed) and see what his BAC turns out to be.

  22. pkrlvr says: Jun 26, 2017 1:28 PM

    0.08 is the legal limit here in FL, which, depending on your body type is the equivalent of a can and a half of beer
    ——
    Uh….not sure on your numbers there.

  23. pkrlvr says: Jun 26, 2017 1:30 PM

    Packer secondary having a prayer meeting hoping he gets jail time….
    ——–

    No, the secondary only meets when they play a contender. They go play putt putt on vikings week.

  24. redclaw1314 says: Jun 26, 2017 1:30 PM

    Michael Floyd makes the kombucha defense
    NFL fans are annoyed
    Because it makes no sense

  25. fmc651 says: Jun 26, 2017 1:32 PM

    I hope he gets jail time. Stop giving guys like Floyd a break. He has been given enough breaks and failed. try something different.

  26. fin72 says: Jun 26, 2017 1:33 PM

    I’ll buy that one for a dollar!

  27. Obi Wan Jablowme says: Jun 26, 2017 1:34 PM

    pastabelly says:
    Jun 26, 2017 12:56 PM

    Nothing from the prosecutor hoping that Floyd learns better to deal with his alcoholism. This sounds a bit crass. .08 is considered legally impaired and he was about .05. I’m not suggesting that .05 is appropriate for an alcoholic, but it provides perspective that this really could have been a misunderstanding and that he wasn’t even impaired.
    =======================

    I might be mistaken, but I was under the impression that during his house arrest he was prohibited from drinking alcohol, at all. So 0.05 certainly isn’t unreasonable for you when you are sitting around with your buddies, but it is a HUGE number for a guy who is expected to be measuring 0.00

  28. fmc651 says: Jun 26, 2017 1:40 PM

    To the guy moaning about Josh Gordon treatment stop. Floyd isn’t there yet. And nobody here is going to feel bad about Josh Gordon’s treatment. He can blame himself and Art Shell for putting in the rules he continually broke in the players contract. Art said he did this to weed out the idiots. Josh you are who he was talking about.

  29. TheVikingsHaveHowManySBTrophys? says: Jun 26, 2017 1:40 PM

    Kambucha has less than 1% alcohol. Beer has varying amounts but typically something around 4 – 5%. Some more, some less.
    Blowing or a blood test of .055 is more than drinking kambucha. Unless he drank a couple gallons. And the stuff tastes disgusting. BUSTED !! Get Help sir.

  30. chawkup says: Jun 26, 2017 1:43 PM

    Dude violated the terms of his house arrest and now must face the consequences, whatever they are. The Kombucha story is absurd on its face, but ultimately it doesn’t really matter because he had alcohol in his system.

    The sad part of this whole thing is that this young man probably has a serious alcohol problem and nothing is being done to treat it.

  31. fmc651 says: Jun 26, 2017 1:48 PM

    I would not be surprised at all if he got jail time. Minnesota usually doesn’t care if you are a pro athlete or not.

  32. purpleguy says: Jun 26, 2017 1:57 PM

    Unfortunately for Floyd, this is much like the NFL PED policy — its up to the convicted party to make sure what they put in their body is legit.

  33. saltineamerican says: Jun 26, 2017 1:59 PM

    Perhaps the “Chewbacca Defense” should be used in this case.

  34. screamingyellowzonkers says: Jun 26, 2017 2:11 PM

    Floyd, and the Vikings attempt to defend him, are idiots. Die hard Vikings fan here.

    The only possible explanation for a .055 level is that Floyd was also consuming other alcohol and is using the “tea defense” in attempt to cover his butt.

    Send him to jail. Stupid is as stupid does.

  35. TheVikingsHaveHowManySBTrophys? says: Jun 26, 2017 2:15 PM

    fmc651 says:
    Jun 26, 2017 1:48 PM
    I would not be surprised at all if he got jail time. Minnesota usually doesn’t care if you are a pro athlete or not.
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
    Minn has nothing to do with this ruling. The case and prosecutor are in Arizona.

  36. nathanp2013 says: Jun 26, 2017 2:15 PM

    It’s not like he drank a gallon of tea before he took his tests and I doubt .055 was the high point of BAC that night/morning.

    My guess is that he had several drinks before going to bed. By the time Floyd woke up to take his alcohol tests; his body had cleaned out the alcohol from a starting point of over .10 down to .055

  37. eramming says: Jun 26, 2017 2:26 PM

    People keep bringing up the legal limit in their state. Unfortunately Floyd’s legal limit was %0.0 while under house arrest. Simple. Accident or not he’s got to show accountability. Problem is he’s never had to in n his life until NOW!

  38. mathandstatsmatter says: Jun 26, 2017 2:28 PM

    A 96 day prison term would be an excellent rehab period. I wish Floyd and his agent saw this an opportunity and not just as a punishment.

  39. calmincali says: Jun 26, 2017 2:34 PM

    Anyone buying this defense clearly doesn’t understand the magnitude of how much he would have to drink in a very short amount of time to get his blood alcohol to that level.

    A competitive eater tried to get legally drunk on O’Douls (same amount of alcohol as kombucha). He drank 28 O’Douls in an hour out and only ended up blowing a 0.2, just before puking his guts out.

    And I’m guessing this guy is a little smaller than Michael Floyd.

  40. The Phantom Stranger says: Jun 26, 2017 2:50 PM

    pkrlvr says:
    Jun 26, 2017 1:30 PM
    Packer secondary having a prayer meeting hoping he gets jail time….
    ——–

    No, the secondary only meets when they play a contender. They go play putt putt on vikings week.
    ______

    I guess that explains Diggs putting up 11 catches for 182 yards and a TD and Thielen getting 15 catches for 202 yards and 2 TDs.

  41. davew128 says: Jun 26, 2017 2:51 PM

    fmc651 says:
    Jun 26, 2017 1:48 PM
    I would not be surprised at all if he got jail time. Minnesota usually doesn’t care if you are a pro athlete or not.
    *******************************
    I think they’d care more if he was in their custody and not in Arizona’s custody…you know where the DUI happened…

  42. GenXJ says: Jun 26, 2017 2:52 PM

    Um. From the headline; prosecutors are usually on the otherside of the aisle on any case.

  43. h0metownzero says: Jun 26, 2017 2:55 PM

    I’m pretty sure that the Viking fans are the only ones gullible enough to believe that ridiculous defense.

  44. uncommon1 says: Jun 26, 2017 2:56 PM

    I’m a Vikings fan and was hopeful to see Floyd on the field and contributing. That said, this really is an easy case to prosecute.

    1. Was Michael Floyd ordered to abstain from consuming alcohol? Yes

    2. Does Kambucha tea contain any amounts of alcohol? Yes

    3. Did Michael Floyd consume Kambucha tea, therefore consume alcohol which violated the courts order? Yes

    Done and Done

  45. RyanToCollinsAndBrown says: Jun 26, 2017 3:09 PM

    The job of the prosecutors is to seek justice. If the evidence points to guilt, they are supposed to prosecute and try to get a conviction using just and equitable means. If the evidence points to innocence, they are supposed to either decline prosecution or cease prosecution. (Defense attorneys do not have similar obligations.)

    I’m not interested in whether the prosecutor in this case thinks the offered defense is or isn’t bs. If his experts tell him it’s bs, then make Floyd serve his time. If his experts tell him it’s good or it’s uncertain, then leave the kid alone.

  46. truthprofessor says: Jun 26, 2017 3:13 PM

    The tea has a max 0.5% alcohol content, 1/8th that of beer.

    He’s bigger than the average Joe, who would have had to have drunk on the order of at least 10 12-oz. servings of tea in a very short time (<1 h) to register a BAC of 0.055.

    Drinking that volume of tea in that time frame makes no sense. Plus, ignorance of the tea having alcohol in it is no defense.

    It is a flimsy alibi.

    Do the time, dude.

  47. Should I Be Offended by Redskins? says: Jun 26, 2017 3:14 PM

    Viking Fan here – it him behind bars. If the Vikings cut him, they cut him. If he misses camp, but contributes later, so be it.

    Actions beget consequences. These guys have to learn that.

  48. alanhaysgrant says: Jun 26, 2017 3:21 PM

    Even though Michael Floyd is a professional athlete, he’s also an alcoholic. The simple minds say things like: “dude, you have it all. Just stop drinking.” They fail to see that if it really were that simple, he would just stop drinking. I wish him luck.

  49. skyflyer63 says: Jun 26, 2017 4:01 PM

    You know what you get when you add

    “I guess that explains Diggs putting up 11 catches for 182 yards and a TD and Thielen getting 15 catches for 202 yards and 2 TDs.”

    and

    “Peterson got 200 yds on the porous defense”

    You get a record of 12-23-1 this century… and overall a record of 51-60-1

    Not much to brag about.

  50. skyflyer63 says: Jun 26, 2017 4:04 PM

    AZ has some of the the most strict DUI laws in the nation. Floyd is done and will be living in tent city when camp opens. AZ don’y play favorites, ask McNabb.

  51. getadealdonealready says: Jun 26, 2017 4:39 PM

    skyflyer63 says:
    Jun 26, 2017 4:04 PM
    AZ has some of the the most strict DUI laws in the nation. Floyd is done and will be living in tent city when camp opens. AZ don’y play favorites, ask McNabb.

    ———————————————
    1 Day in Jail – what’s the point. If you didn’t buy defense then he should serve the whole sentence, if you did then he should have gotten zero. A state that is supposed to be strict not sure what message 1 day sends.

  52. skyflyer63 says: Jun 26, 2017 4:58 PM

    Jail: 120 days; home detention eligible (after 24 days).

    Fines: About $3,740, plus jail/home detention costs and $80 monitoring fee.

    Screening and counseling required: Yes.

    Driver’s license suspension: One-year revocation.

    Interlock: 12 months.

    Community service: 30 hours.

  53. allight59 says: Jun 26, 2017 4:59 PM

    Packer prayers not answered….1 day in jail, finish his 5 days of house arrest. Probably a 4 game suspension by the NFL…thinking he’s on his last chance, tho.

  54. whatjusthapped says: Jun 26, 2017 6:13 PM

    You just can’t prosecute all the Viking offenders, you would clog up the courts.

    They should, however, charge Treadslow with impersonating an NFL WR. Evidence, a 1st round pick getting 3 total catches for the season.

  55. gtodriver says: Jun 26, 2017 6:59 PM

    whatjusthapped says:

    You just can’t prosecute all the Viking offenders, you would clog up the courts.

    ^^^^^^^^^^^^^^

    In Minnesota, the “I’m a Viking” defense isn’t available, unlike Wisconsin’s “I’m a Packer” defense.

    Of course, Packer players leave Wisconsin so frequently because it’s Wisconsin, that they still have frequent problems with the other states that don’t recognize the “I’m a Packer” defense that works 99.9% of the time in Wisconsin.

    Letroy Guion was a law abiding citizen during his time in MN.

    Then he went to Green Bay and got corrupted, and now he’s a repeat offender, but he only gets caught when he’s not in Wisconsin (Hawaii in 2017 for DUI and Florida in 2015 with over 3/4ths of a pound of marijuana, a 9mm hand gun and over $190,000 in cash).

    Oh, and since he arrived in Green Bay, he’s also been busted by the NFL for performance enhancing drugs.

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