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Her Jay
Location: Ontario for now....
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Bertuzzi pleads guilty to assault causing bodily harm in on-ice incident
I'm still not sure if this was a matter for the courts, but I am glad it is almost over.
http://www.canada.com/sports/story.h...e-8419d396cb8f
Quote:
VANCOUVER (CP) - NHL star Todd Bertuzzi pleaded guilty to assault causing bodily harm Wednesday, reversing his earlier plan to fight charges laid after he slugged an opponent with an on-ice sucker punch watched by millions.
"You pleaded not guilty in an earlier appearance. Now you enter a plea of guilty. Do you now wish to change the plea?" asked Judge Herb Weitzel.
"Yes," the Vancouver Canucks' star forward responded. "I plead guilty."
Crown prosecutor Garth Loeppky told the court he would be requesting a conditional discharge with no criminal record for Bertuzzi
However, it's not clear when Bertuzzi will be sentenced.
A lawyer acting on behalf of Colorado Avalanche player Steve Moore asked the judge to delay sentencing until January to give his client a chance to travel to Vancouver to make a victim-impact statement.
Tim Danson, Moore's Toronto lawyer, said he first heard about the deal only on Monday, and neither he nor Moore had a chance to travel to Vancouver to address the court. Instead, Danson hired Vancouver lawyer Gord McIntosh to ask for the sentencing delay Wednesday.
Victim impact statements from Moore and his mother and father were expected to be read into the record by the Crown and the judge said he would rule later on whether he should delay sentencing.
Bertuzzi, 29, was charged June 24 after Moore suffered a concussion and two broken vertebrae in a game March 8 between the rival teams.
In the third period of a 9-2 loss to the Avalanche, Bertuzzi charged up the ice, grabbed Moore's sweater from behind, then slugged him with a round-house punch.
The two players fell, with the 245-pound Bertuzzi landing on top of the already limp Moore.
Moore was left for a time in a neck brace.
But Loeppky said the Crown is unable to prove beyond a reasonable doubt that the punch thrown by Bertuzzi has had a long-term effect on Moore's possible return to the NHL.
"If his career is over, the Crown can't prove that," Loeppky said.
He presented medical evidence gathered from various doctors since the punch was thrown in March.
Loeppky said the spinal damage is no longer a factor and the soft-tissue damage continues to improve, but Moore still suffers from post-concussion syndrome
"He has good days and bad days," said Loeppky.
Doctors reports show that Moore's continues to have reduced sensation in his right shoulder, problems with short-term memory, reduced energy levels, mood variability and dull headaches.
His physical activity is still minimal and consists mostly of light workouts
"He has not returned to skating or hockey," Loeppky said.
One of Moore's doctors had expressed serious concerns about his neurological health and indicated there was a possibility of brain damage.
But Loeppky said the physician was relying on a seldom-used medical procedure that involves measuring electrical impulses. The procedure is not well-known, so the Crown did not rely on that doctor's opinion to determine Moore's prognosis.
Moore, a 25-year-old native of Windsor, Ont., was not offered a contract by the Avalanche by July 1, making him an unrestricted free agent.
Before the plea arrangement, Bertuzzi faced a maximum of 18 months in prison, though legal observers have said the maximum scenario would be highly unlikely for a first-time offender.
Bertuzzi arrived at court with his wife Julie and Canucks team captain Marcus Naslund and Naslund's wife. The team's general manager Dave Nonis was also there.
Bertuzzi had been scheduled to stand trial Jan. 17 in a case that was expected to take three weeks.
The NHL suspended Bertuzzi for the rest of the regular season and the playoffs. He has not been re-instated. His contract with the Canucks extends for another three seasons.
Bill Daly, the NHL's executive vice-president and chief legal officer, said the league expects Bertuzzi to ask for a quick hearing to reinstate his playing status.
"To the extent the players' association consents to us acting on Todd's request, the commissioner would be prepared to schedule a meeting with Todd in the near future," Daly said.
The hit was witnessed by thousands at the game in Vancouver and by hundreds of thousands more in repeated news clips.
While the plea bargain makes the criminal case go away, the focus on on-ice violence means more unwelcome headlines for a league that has been shut down by a labour dispute.
Unless there is a break in the labour situation soon, the league is expected to cancel the season.
As well, it's unclear what Bertuzzi's plea will mean to any future possible civil case launched by Moore.
Bertuzzi is considered a superstar and received a warm reception by the crowd at a charity hockey tournament earlier this month in Vancouver.
Since being acquired by the Canucks in 1998, the six-foot-three, 245-pound Bertuzzi developed into one of the NHL's premier forwards.
He had a career-best 97 points and 46 goals in 2002-2003 and was scheduled to make $7.13 million US this season as part of a four-year, $28-million US contract.
There is more litigation down the line for the league.
Atlanta Thrashers star Dany Heatley faces charges of vehicular homicide and five misdemeanours from the car crash in suburban Atlanta last year that resulted in the death of Heatley's friend and teammate, Dan Snyder.
If convicted, he faces one to 15 years in prison on the homicide charge and 20 years if convicted on all six counts.
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Absence makes the heart grow fonder
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