Bertuzzi walks

1
Wrist slap for sucker punch
No jail time for Bertuzzi, but he's barred from playing against Moore

Brian Hutchinson and Jeff Lee
National Post; CanWest News Service
December 23, 2004

VANCOUVER - Todd Bertuzzi, the star Vancouver Canucks forward, pleaded guilty yesterday to assault causing bodily harm for his on-ice attack on Colorado Avalanche player Steve Moore.

Mr. Bertuzzi was given a conditional discharge with no criminal record, and was sentenced to one year's probation. He also must perform 80 hours of community service and may not participate in any sporting event in which Mr. Moore is a participant.

A B.C. Provincial Court judge denied Mr. Moore the right to face his attacker in court to describe what the judge said was the "heart-wrenching" impact Mr. Bertuzzi's sucker punch has had on him.

Instead, Judge Herb Weitzel had the victim-impact statements filed by Mr. Moore, his father, Jack, and mother, Anna, read in court by Crown counsel Garth Loeppky.

"I have no desire to interact with [Mr. Bertuzzi] in any way," Mr. Moore wrote. "If I'm ever able to play again, I would ask that Todd Bertuzzi never be permitted to play in any sporting activity I'm involved in."

Mr. Moore said the incident has changed his life and severely hurt him financially. After the incident his contract was not renewed by the Avalanche at a time when he said he would have received a substantial increase in salary. He said his entire family was affected: "There is not one single piece of my life that has not been affected."

Mr. Bertuzzi's sentence included an order that he meet with a probation officer within two days.

But meeting the conditions of the sentence appeared to be a problem for the Canuck, who through lawyer Len Doust told the judge he'd made plans to return to Eastern Canada that night and could not make the appointment. Instead, he wanted to conduct the interview over the telephone.

Judge Weitzel, who had given the Crown and Mr. Doust latitude, including denying Mr. Moore the right to appear in court, put his foot down. "I well recognize the inconvenience to Mr. Bertuzzi, but no. I don't mean to be an obstructionist, but Mr. Bertuzzi will be subject to the same conditions as others in these circumstances."

Mr. Moore and his Toronto lawyer, Tim Danson, were given one clear day of notice that Mr. Bertuzzi was changing his plea to guilty. Mr. Bertuzzi was charged on June 24 after a lengthy investigation into the March 8 incident in which Mr. Moore suffered at least two fractured vertebrae and a severe concussion.

Mr. Bertuzzi's sudden plea change saved him from the discomfort and embarrassment of a highly publicized trial. A bruising, high-scoring forward with the Canucks, Mr. Bertuzzi was suspended after a lopsided match in Vancouver against the Avalanche. With the Canucks down 9-2 in the third period, Mr. Bertuzzi grabbed Mr. Moore, a marginal plugger, and landed a vicious sucker punch to the side of his head.

Some sort of attack on Mr. Moore had been anticipated; earlier in the season, he had levelled Markus Naslund with a nasty blow that took the Canucks' popular captain out of the match and forced him to miss three more games due to injuries he sustained. Following the incident, Canucks players openly discussed placing a "bounty" on Mr. Moore's head. But Mr. Bertuzzi's rash sucker punch in March went beyond the limits of acceptable NHL-style retribution.

Mr. Moore crumpled to the ice immediately after the hit. Mr. Bertuzzi landed on top of him. Blood spilled. Mr. Moore lost consciousness. "The next thing I knew, I was in a dark room with a neck brace," Mr. Moore wrote, in his victim impact statement. "I was not sure if I was awake or asleep ... I was told I had a broken neck. My heart was in my throat. My parents and brother and girlfriend watched on TV. They waited in terror and prayed."

Mr. Moore had suffered facial cuts, two small fractures to bones in his neck, and a concussion. He claims to have experienced constant headaches ever since, and mood swings, and short-term memory loss. Doctors say Mr. Moore narrowly avoided a stroke, but there is no agreement on whether he has permanent brain damage.

Mr. Moore has not skated since the incident. This summer, he was dropped from the Avalanche roster and is now a free agent. He has had no offers from other NHL clubs. His lucrative NHL career, which had paid him US$425,000 a year, is likely finished.

In August, Mr. Bertuzzi pleaded not guilty to one count of assault causing bodily harm, and was scheduled to stand trial. But on Monday, he changed his plea to guilty, in exchange for the Crown's recommendation of a conditional discharge.

If there was one thing that Mr. Moore had looked forward to, it was making an appearance at Mr. Bertuzzi's looming trial, first as a witness, and then, potentially, as a victim. According to his lawyers, he planned to exercise his right to make a victim impact statement in person. Yesterday, however, he lost even that.

Mr. Bertuzzi arrived at the courthouse accompanied by his close friend and teammate, Mr. Naslund, plus their two wives, and a phalanx of lawyers.

The group entered a small courtroom already packed with reporters and other assorted spectators. Mr. Weitzel asked Mr. Bertuzzi if he wanted to change his plea. Quietly, he said "yes," and then "guilty." The Crown then presented its case. A videotape of the assault was played; the chilling scene was replayed at least seven times, from various angles.

Most spectators and court officials stared intently at the twin TV monitors inside the courtroom. Mr. Bertuzzi and his wife did not watch; they gazed straight ahead as the video played.

There was no real disagreement as to the facts of the case. But a lawyer acting for Mr. Moore asked Mr. Weitzel to delay passing sentence until the former Avalanche player could travel to Vancouver. He had not been given enough notice to travel to Vancouver from Massachusetts, where he was to spend Christmas, argued his lawyer.

Mr. Moore had first learned of the plea bargain on Monday afternoon, said his lawyer. He began writing a victim impact statement that night, and finished a six-page draft early Tuesday morning. His parents, Jack and Anna Moore, each wrote a victim impact statement of their own.

Mr. Weitzel said the written statements were "very comprehensive, very detailed, very thoughtful and are heart-wrenching in terms of the effects [that the assault has had], physically, emotionally, and financially on this family." But the judge ruled that Mr. Moore did not have an "absolute right" to read his statement in person.

Mr. Moore is scheduled to appear at a news conference in Toronto today.

IN HIS OWN WORDS

STEVE MOORE ON HIS AGONY: "My whole career, built upon hard work, discipline and the commitment of my entire life, has been halted in its tracks."[/quote]
TC wrote:as soon as baseball stops being homosexual, i will.

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so he sits out a couple games a year, but still gets to PLAY?!?!?!? what the holy fuck is going on?!?!?!??

that's just completely fucked up. wrong in every conceivable way. oh this is so not right....

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He really ought to retire. He's a liability to his team now anyways.
TC wrote:as soon as baseball stops being homosexual, i will.

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Should've heard Moore's full press conference the next day. It'd make you cry.
"I'm like a dog chasing cars, I wouldn't know what to do if I caught one. . . . I'm not a schemer. I just do things."

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Former Avalanche forward Steve Moore has filed a lawsuit in connection with the injuries he suffered when Vancouver Canucks winger Todd Bertuzzi attacked him in a March 8 game at Vancouver.

The venue of the lawsuit and the list of defendants were a bit surprising. The lawsuit was filed in Denver District Court, citing Colorado's "Long-Arm Statute," and saying that the sequence of events that led to the attack began at a Feb. 16, 2004 Canucks-Avalanche game at the Pepsi Center.

The defendants include Bertuzzi, Canucks forward Brad May, Canucks coach Marc Crawford, former Vancouver general manager Brian Burke, plus the Canucks and the partnership that owns the team.

Moore is represented by Denver attorney Lee Foreman, part of the same firm that defended Lakers guard Kobe Bryant in the recent legal proceedings in Colorado, and Boulder attorney John Purvis.

The suit asked for damages, but didn't cite a dollar figure.

Moore suffered a broken neck, a concussion and facial injuries in the attack.

He became a free agent after the season and hasn't been able to exercise since the attack, the lawsuit states.

He lives in the Toronto area and had hired a Toronto-area attorney to explore the possibility of a lawsuit, so the filing in Denver this week was unexpected.

More details in Friday's Denver Post.

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Well, American civil court is certainly more likely to get him the damages, and he's probably right to say the events that transpired did begin in Colorado.

Either way, hope to see Crawford's pocket end up a bit lighter here as well. That smirk of his on the bench will be pretty damning, for sure.
TC wrote:as soon as baseball stops being homosexual, i will.

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here's a classic:
TSN.ca wrote:Quotes could haunt Canucks in lawsuit

Canadian Press
2/18/2005


VANCOUVER (CP) - An on-ice collision between Colorado Avalanche forward Steve Moore and Canucks star Markus Naslund triggered ''an unlawful plan'' last year among Vancouver players Todd Bertuzzi, Brad May and others to assault and injure Moore later, a lawsuit filed by Moore alleges.

The stunning allegation is contained in a 12-page complaint filed by Moore in the District Court in Denver, home of the Avalanche, as part of a lawsuit that names as defendants, Bertuzzi, May, Canucks coach Marc Crawford, former GM Brian Burke and Orca Bay Ltd., owner of the Canucks.

In December, Bertuzzi entered a guilty plea in provincial court in Vancouver to assault causing bodily harm and was given a conditional sentence, a sentence that could carry no criminal record.

The league suspended Bertuzzi indefinitely for his sucker-punch attack in a March 8 game and fined the Canucks $250,000 US for not trying to calm things down ahead of that game.

Moore, now a free agent, suffered a broken neck, a concussion and facial injuries. His hockey career remains in doubt.

The lawsuit alleges that a hard check on Naslund by Moore in a Feb. 16, 2004 game in Denver set the stage for the alleged conspiracy that resulted in Bertuzzi assaulting Moore three weeks later in Vancouver.

''Following the (Feb. 16) game, but before leaving Denver, defendants Bertuzzi, May, Crawford and Burke entered into an unlawful plan and agreement to assault, batter and injure Moore at a future date, in retaliation for the injuries which Naslund had suffered during the game,'' says Moore's complaint.

In support of the allegation, which has not been proven in court, his lawsuit contains quotes that were attributed to Bertuzzi and May in the media.

''That kid's a piece of shit,'' the suit quotes Bertuzzi as saying. ''We play them twice more and hopefully they'll keep him in the lineup.''

The suit alleges May agreed with Bertuzzi and indicated an intention to join the conspiracy.

''There's definitely a bounty on his head,'' the suit quotes May as saying. ''Clean hit or not, that's our best player and you respond. It's going to be fun when we get him.''

Moore's suit suggests the plan to injure Moore was aided by Crawford and Burke.

It says ''Crawford and Burke openly urged the Canucks players including Bertuzzi and May to retaliate against Moore, to make physical contact with him and threaten the same. ...''

The suit goes on to suggest that other Canucks players were aware of the conspiracy and had joined it.

After the ''inception of the conspiracy,'' Moore alleges that other Canucks ''had joined the same and that Moore would be injured if the opportunity was presented. ...''

Even the league and its commissioner, Gary Bettman, were aware of the conspiracy, the suit suggests.

''The threats and ongoing open discussion of the unlawful plan and agreement among the Canucks employees and agents to injure Moore did not escape the attention of officials of the NHL,'' the suit says.

To back that up, the complaint notes that Bettman and league disciplinarian Colin Campbell made plans to attend the next scheduled game between the teams.

Campbell telephoned May prior to another matchup March 3 between the teams and warned him about his bounty threat and also spoke to Burke about the public threats that had been made, the court documents say.

Campbell called Crawford and other Canucks officials a second time prior to the March 8 game in which Moore was injured ''and cautioned them against carrying out the threats that May, Bertuzzi and other Canucks players had made against Moore.''<

Robert Holmes, a well-known Vancouver lawyer and co-chairman of the civil litigation section of the B.C. branch of the Canadian Bar Association, said he can only assume Colorado law on conspiracy is similar to Canada.

''If somebody sets out with other people to do something illegal, knowing that harm is likely to result, then that's all a conspiracy amounts to,'' said Holmes.

''Another approach is if people set out using lawful or unlawful means to injure somebody and they have a specific target in mind then that also is conspiracy.''

The Canucks have thus far offered no comment on the suit but Holmes suggested it would be foolhardy for them to ignore it because it will be heard before a Denver jury.

''If they never plan to go to the U.S. again, and take their chances that a B.C. court won't recognize a Colorado judgment, then don't show up, but those are hazardous guesses.''

There are also many instances of U.S. judgments being enforced by Canadian courts, he said.

The defendants could attend the trial in Denver and try to have that court ''decline jurisdiction and send it to B.C.''

Some observers may wonder why Moore brought the suit in Denver and not in Canada, since he and all the defendants except Burke are Canadian.

There is a better chance of a bigger financial award in the U.S.

''In the U.S. one is not constrained as much as plaintiffs who are injured in Canada are by caps on damages paid for pain and suffering,'' said Holmes.

One of Moore's lawyers in Denver, Lee Foreman, said Moore was legally bound to act soon.

''Though Moore's ultimate recovery remains uncertain, his claims were made now due to certain statute of limitations under Colorado law,'' Foreman said in a statement.

Burke suggested the suit came as no surprise.

''This thing was headed to litigation seconds after it began,'' he told a Vancouver radio station.

''I think there are big issues about when the injuries occurred. Certainly the notion that the coach and GM are dragged into it, these are all things that will come out if it goes to trial.''

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oh god, naslund needs to shut the fuck up. apparently he missed the article about quotes being used in court:
TSN wrote:Markus Naslund blasts Moore lawsuit

Canadian Press
2/21/2005


Markus Naslund has weighed in on the Steve Moore lawsuit.

The Canucks captain told the Vancouver Sun that the lawsuit against Todd Bertuzzi and others is a money grab by a player who simply isnt good enough to make a living in the NHL.

"He's suing everyone so he can make money," Naslund told the Vancouver Sun from Sweden. "I've got no respect for him at all.

"Even talking to his teammates, it seems evident he doesn't have a lot of support in hockey."

Moore has been unable to play since Bertuzzi sucker-punched him during a game in Vancouver on March 8. He sustained cracked vertebrae and a concussion, from which he continues to suffer.

"This is just a guy who's trying to hit a home run (financially)," Naslund said to the Sun. "Someone who wasn't good enough to play.

"I'm not saying what (Bertuzzi did) was right. But if it was me, I'd be doing everything I could to get back and play and show everyone the character I have . . . instead of trying to sue everyone."


Moore, now an unrestricted free agent, is suing Canucks Bertuzzi and Brad May, Vancouver coach Marc Crawford, former general manager Brian Burke and the hockey club for unspecified damages.

Moore claims the defendants conspired to injure him.

"This isn't about the hit," Naslund told the paper of his feelings toward Moore. "Hockey players take hits and give hits."

Bertuzzi pleaded guilty in December to a charge of assault causing bodily harm and received a conditional discharge. He remains suspended indefinitely by the NHL.

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What a fucking asshole, and an absolute idiot to boot. Moore was a meat-and-potatoes 3rd/4th line forward who played great for us, laid nice CLEAN hits on pussy-ass bitches like Naslund too. Wow--I used to like him, but he's barely better than his felon of a linemate with jackassed comments like that!
"I'm like a dog chasing cars, I wouldn't know what to do if I caught one. . . . I'm not a schemer. I just do things."

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i couldn't agree more.

"Broken neck? It's only a flesh wound. He should be out there playing."

in the immortal words of Happy Gilmore's nemesis: "Jackass."

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I just emailed that over to Rick Sadowski at the (edit: The News, not the Post) (he's actually very friendly and responsive to emails), I wanna see if he can debunk that crap about Moore's teammates...man that burns me up.
"I'm like a dog chasing cars, I wouldn't know what to do if I caught one. . . . I'm not a schemer. I just do things."

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Another reason I'm not down with the Player's Association--they've completely turned their back on Moore and supported Bertuzzi.
"I'm like a dog chasing cars, I wouldn't know what to do if I caught one. . . . I'm not a schemer. I just do things."

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You know, I love the internet :mrgreen:
I hadn't seen this. I had to work the NBA All-Star Game on Sunday. I plan on getting this into the paper, but it's kind of hard getting hold of Avalanche players these days. Even the few guys who were sticking around town have taken off for a while.
Thanks for the info.

Rick Sadowski
I'll provide linkage once he gets some coverage out, hopefully he'll get ahold of a player or two for the article.
"I'm like a dog chasing cars, I wouldn't know what to do if I caught one. . . . I'm not a schemer. I just do things."

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Heh, Rick's a nice guy. He's following up with me like I'm his editor.
I'll have a story in Tuesday's paper. I've just finished writing it, but am hoping one of Moore's attorneys will call me back. One of them is on vacation. I left a message for the other. Also called some players. No response yet.
"I'm like a dog chasing cars, I wouldn't know what to do if I caught one. . . . I'm not a schemer. I just do things."

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Doesn't look like he got any feedback, but I'd guess some comments will be forthcoming in the next week or so.
Naslund tees off against Moore
Canucks captain: Ex-Avalanche forward out for money

By Rick Sadowski, Rocky Mountain News
February 22, 2005

Vancouver Canucks captain Markus Naslund slammed former Colorado Avalanche forward Steve Moore for filing a lawsuit in connection with the injuries he suffered when attacked by Vancouver's Todd Bertuzzi in a game last season.

"He's suing everyone so he can make money," Naslund told The Vancouver Sun. "I've got no respect for him at all. Even talking to his (former) teammates, it seems evident he doesn't have a lot of support in hockey."


Advertisement



Bertuzzi, Canucks forward Brad May, former Canucks general manager Brian Burke, Canucks coach Marc Crawford, the Canucks and the Orca Bay partnership that owns the NHL team were named as defendants in the lawsuit filed Feb. 15 in Denver District Court.

The lawsuit claims the defendants conspired to injure Moore in retaliation for an unpenalized hit by Moore against Naslund in a previous game.

Moore is represented by Denver attorney Lee D. Foreman and Boulder attorney John A. Purvis. Moore is seeking a trial by jury and compensatory damages, but no dollar figure was cited.

Neither attorney and no former Avalanche teammates of Moore could be reached for comment Monday.

"This is just a guy who's trying to hit a home run (financially)," Naslund, who has been playing in Sweden during the NHL

labor dispute, said of Moore. "(Moore is) someone who wasn't good enough to play. I'm not saying what (Bertuzzi did) was right. But if it was me, I'd be doing everything I could to get back and play and show everyone the character I have . . . instead of trying to sue everyone."

The lawsuit said Moore has not been able to undertake any "significant exercise" despite undergoing continuous rehabilitation, arguing his future as a hockey player is in doubt.

Bertuzzi pleaded guilty Dec. 22 in a British Columbia court to a charge of assault causing bodily harm for his attack against Moore in a March 8 game at General Motors Place in Vancouver.

Bertuzzi was given a conditional discharge - the equivalent of one year's probation - and ordered to perform community service.

Moore, 26, was carried off the ice on a stretcher after he was attacked and sucker-punched by Bertuzzi in retaliation for Moore's open-ice hit against Naslund in a Feb. 16, 2004, game at the Pepsi Center.

Moore was hospitalized with fractured vertebrae, loss of consciousness, a concussion and facial cuts. He became a free agent after the season and was not signed by any team.

Bertuzzi remains on indefinite suspension from the NHL; he lost about $502,000 of his 2003-04 salary and has been barred by the International Ice Hockey Federation from playing in Europe.

The NHL fined the Canucks $250,000, ruling the organization did not go far enough to keep its players from retaliating against Moore.

Naslund said he was not speaking out because of the hit administered by Moore that caused him to miss three games with a concussion and a gash on his forehead. Moore was not assessed a penalty and the league deemed the check to be legal.

"This isn't about the hit," Naslund said. "Hockey players take hits and give hits."

BOARD MEETING: NHL commissioner Gary Bettman has scheduled a Board of Governors meeting for March 1 to discuss strategy following his cancellation of the season. The league would like to reach an agreement with the NHL Players' Association in time to hold a draft and make plans for a 2005-06 season. The union announced it will hold a general meeting on Monday and March 1.
http://www.rockymountainnews.com/drmn/a ... 11,00.html
"I'm like a dog chasing cars, I wouldn't know what to do if I caught one. . . . I'm not a schemer. I just do things."

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I'm sure you've got to write the lead story before you write the follow-up. A newspaper needs to remain pretty impartial on the surface; writing the article about Naslund's comments, then later putting out another article responding to it seems like pretty standard procedure. Hopefully we do get to see something.

It's got to be difficult, being a Canucks fan these days. Crawford, Bertuzzi, May, Naslund... not exactly the kind of foursome I'd want to be standing up for myself. I'd probably have switched to the Flames after this stuff.
TC wrote:as soon as baseball stops being homosexual, i will.

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Moore's lawyer outraged
Naslund taking flak for his statements about pending suit

By Staff And Wire Reports
February 23, 2005

A lawyer representing Steve Moore is "shocked" by Markus Naslund's statement that the injured former Colorado center is "suing everyone so he can make money."

In a published report Monday, the Canucks captain questioned Moore's motive in a civil lawsuit launched in Denver one week ago.

Larry Kelly, an Ottawa-based lawyer who represents Moore as a player agent, said questioning his client's character was out of character for Naslund.

"I'm really surprised and disappointed that Markus would make a statement like that," Kelly told the Vancouver Province. "And I can't understand how anybody would question Steve Moore's character when he's conducted himself as he has with what he's been put through.

"Everybody talks about him (Moore) being a journeyman. Why doesn't everybody look at how his ice time improved dramatically over the season?"

Moore averaged 13 minutes, 6 seconds of ice time in 57 games and had 12 points and 37 penalty minutes.

Naslund had said that Moore doesn't even have the support of his former teammates.

"I've got no respect for him at all," said Naslund, who's playing in the Swedish Elite League with Avalanche players Peter Forsberg and Dan Hinote.

"Everybody tells me Markus is a class man," Kelly said. "So, let's assume we all say things we wish we hadn't said and I hope that is clearly the case in this instance."

But Naslund didn't ease up on Moore when contacted Monday by a Vancouver radio station.

"If he or his lawyer actually thought it (Todd Bertuzzi's attack) was something premeditated and that there was a plan all along to get him (Moore) . . . " Naslund said. "I think if guys start suing each other left and right, that's going to be really bad for this game. Again, I want to point out it was wrong what happened, but it is a physical game and people get hurt."

In a Feb. 16 game at Denver, Naslund suffered a concussion from a hit to the head by Moore.

No penalty was called on the play and Naslund was sidelined for three games with a concussion and an elbow injury he never fully recovered from. Naslund required off-season surgery to remove bone chips.

In a March 8 game at General Motors Place, Moore suffered three broken vertebrae in his neck after a sucker-punch by Bertuzzi, one of the defendants in the lawsuit along with former general manager Brian Burke, coach Marc Crawford, Brad May and Orca Bay Sports and Entertainment.
"I'm like a dog chasing cars, I wouldn't know what to do if I caught one. . . . I'm not a schemer. I just do things."

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Naslund, buddy, put away your shovel. We already hate you plenty.

Colorado courts on average pay out far less than most American states in cases such as this one. If this was merely a cash grab, Moore could easily have figured out a way to get the case heard somewhere else, somewhere where enormous pain and suffering damages are common.
TC wrote:as soon as baseball stops being homosexual, i will.