Posted on 08/09/2005 8:06:47 AM PDT by Millee
When he got the news Monday afternoon, Steve Moore was in Cleveland after going through more physical tests at the world-renowned Cleveland Clinic.
NHL commissioner Gary Bettman announced Vancouver Canucks winger Todd Bertuzzi, suspended indefinitely 17 months ago for his attack on Moore in a game in Vancouver, has been reinstated and will be able to play at the outset of the 2005-06 season.
"I find that the appropriate discipline to be imposed for Mr. Bertuzzi's conduct on March 8, 2004, is the suspension that has been served to date," Bettman said in a statement.
Bertuzzi missed the final 13 games of the 2003-04 season, plus the Canucks' seven playoff games. He lost $501,926.39 in salary during the suspension, and because the International Ice Hockey Federation honored the suspension, he wasn't allowed to play in Europe during the NHL lockout and lost 2004-05 season.
Bettman said he believes Bertuzzi "is genuinely remorseful and apologetic for his actions ... and the consequences."
Moore had no comment Monday.
His
Toronto attorney, Tim Danson, said Moore "is quite disappointed, given that he is not able to resume his career and may never resume his career, while Todd Bertuzzi is."
Moore, 26, has filed a civil suit in Denver District Court against Bertuzzi, the Canucks, former general manager Brian Burke, coach Marc Crawford and former Canucks winger Brad May. May, included in the lawsuit because of his reference to a "bounty" being on Moore's head, signed with the Avalanche over the weekend.
That lawsuit is pending, with a jurisdictional ruling expected soon on whether it is appropriate to try the case in Colorado. Attorneys Lee Foreman of Denver and John Purvis of Boulder represent Moore in Colorado.
Bettman cited the lawsuit in a long list of factors he said he took into account in making his decision. He said Bertuzzi "is incurring substantial attorneys' fees in connection with his defense of such suit, and if he is found liable, may owe damages as well." Bettman also mentioned Bertuzzi's inability to play in Europe last season, his loss of endorsements, and also the progress Moore is making in his recovery.
Moore has been working out and skating in the Toronto area. He is still feeling the effects of the concussion he suffered when Bertuzzi sucker-punched him from behind and drove his head into the ice.
Moore also fractured neck vertebrae and suffered facial abrasions in the attack, which occurred with the Avalanche leading 8-2 in the third period of the March 8 game at General Motors Place.
Bertuzzi pleaded guilty to criminal assault in Vancouver last year, but was granted a conditional discharge in a plea agreement - meaning he spent no jail time and was obligated to do community service work. Bettman on Monday noted as a term of his probation, Bertuzzi would not be allowed to play in any game in which Moore is an opponent.
The Avalanche hasn't re-signed Moore, the Harvard graduate who is an unrestricted free agent, but no NHL team can sign him until he is physically cleared to play. Monday's visit to the Cleveland Clinic was his second this summer, and he is assessing his progress and the possibility of trying to play again.
Danson said he believed the NHL at least should have "waited until the end of the month, when we anticipate having the report from the Cleveland Clinic. Given the care that is being given this matter, I would think there would be some kind of proportionality, a relationship between Mr. Bertuzzi's act and the injuries that Steve Moore has suffered.
"Steve has a positive attitude and is motivated to overcome these challenges and resume his career, but you can't will a head injury away and we're going to have to wait for the experts to see where Steve is on that."
The other issue is that as a third- and fourth-line forward who was just beginning to cement a spot on an NHL roster, any perceived medical issues or risks could cause the Avalanche and other teams to shy away from Moore. Also, because one aspect of the NHL's unspoken "code" is on-ice incidents are best left up to the league, not law-enforcement authorities or the courts, Moore might face a stigma if he attempts to break back into the league.
In New York, Bettman said Bertuzzi's "actions clearly went beyond what could ever be considered acceptable behavior in the National Hockey League. Mr. Bertuzzi must be held responsible for his actions, and the message must be delivered loudly and forcefully that the game will not tolerate this kind of conduct."
Bettman also said Bertuzzi "is on notice that he will be held strictly accountable to a higher standard than other NHL players for his on-ice conduct."
Bertuzzi visited the NHL offices in April, petitioning for reinstatement, and Moore also appeared on the same day, yet not crossing paths with Bertuzzi. Moore argued at the time a Bertuzzi reinstatement would be premature, and Bettman put the decision on hold. "Three months have since passed, and I do not feel a decision at this time is premature," Bettman said.
Monday's announcement follows the ratification of the NHL's new collective bargaining agreement, ensuring the 2005-06 season will be played.
Bertuzzi's attack on Moore was a reaction to an unpenalized Moore hit on Vancouver captain Markus Naslund in Denver on Feb. 16, 2004. Naslund suffered facial injuries and a mild concussion, and the Canucks - including Bertuzzi - spoke of possible retribution.
The teams met again in Denver on March 3, but that game was uneventful - and Bettman was in the stands.
Saying it was "a league matter," Avalanche spokesman Jean Martineau said the team would have no comment on the Bettman decision.
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