Legal Analyst Available: Black Eye For NHL Could Turn Criminal

March 13, 2004–-The NHL has suspended All-Star forward Todd Bertuzzi until at least next season for punching an opponent, Steve Moore of the Colorado Avalanche, and breaking his neck during a game. Bertuzzi's team, the Vancouver Canucks, was also fined $250,000.

Legal analyst Tim Powers says, "According to the NHL‘s unwritten code of getting even, Bertuzzi appears to have crossed the line by his egregious behavior. " That was echoed in the league vice president Colin Campbell media statement, "We want to make clear that this type of conduct will not be tolerated in the NHL."

Bertuzzi, 29, hit Moore late in Monday's 9-2 victory by the Avalanche, coming up to him from behind and driving his head into the ice. Moore landed face-first -- with the 245-pound Bertuzzi on top of him. Moore laid in a pool of blood for several minutes before he was taken away on a stretcher.

Moore, out for the season with a broken neck, also sustained a concussion and deep cuts on his face, and remained hospitalized in Vancouver.

British Columbia Solicitor General Rich Coleman and Vancouver police are investigating. They are treating the case as a potential assault.

Powers says, "The B.C. Crown Attorney could elect to prosecute Bertuzzi as there is no statutory immunity for hockey players in the rink here on in Canada."

Powers adds, Bertuzzi could potentially face jail time in Canada depending on the decision whether or not to prosecute and the severity of Steve Moore's injuries.

"Defending Bertuzzi would probably focus on lack of pre-meditation and a "heat of the moment" argument by his attorney." On the other side, Powers says, "The prosecution would focus what is "normal" behavior in the rink and argue Bertuzzi crossed that degree of normalcy with a vengeance," he says.

About Tim Powers

Tim Powers host "Powers of Attorney" on KLLI. He is a former prosecutor, special prosecutor with experience in over 5000 criminal cases in the metroplex, and sits as a Municipal Court Judge.





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