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N.H.L. Reinstates Canucks' Bertuzzi

By JASON DIAMOS
Published: August 9, 2005

Commissioner Gary Bettman announced yesterday that Vancouver Canucks forward Todd Bertuzzi would be reinstated after a 17-month suspension for his on-ice attack against Colorado Avalanche forward Steve Moore.

Bettman's announcement came on the same day that the N.H.L. was welcoming Wayne Gretzky as coach of the Phoenix Coyotes. Anticipating a torrent of criticism, Bettman issued a lengthy e-mail message explaining why Bertuzzi would be allowed to return.

"My decision is made strictly on the basis of what I believe is the right result for the game of hockey and Mr. Bertuzzi, taking into due consideration the impact of these events on Mr. Moore," he said in his 4,500-word ruling.

Bettman added: "It is my belief that Mr. Bertuzzi has paid a very significant price for his conduct on March 8, 2004, and that he should be reinstated immediately so that he is eligible to play as of the commencement of the 2005-6 N.H.L. season."

Moore sustained a broken neck, cuts on his face and a concussion after Bertuzzi punched him, then landed on top of him, driving his head into the ice during a game in Vancouver. The hit was apparently in retaliation for Moore's hit on Vancouver's Markus Naslund on Feb. 16, 2004; Naslund sustained a concussion in that game.

Neither Bertuzzi nor Moore has played since the incident. Bertuzzi was suspended indefinitely by the league three days later. He missed the final 13 games of the regular season and the postseason; the Canucks lost their first-round series to Calgary in seven games.

During the lockout last season, he was barred from playing in any international games with Canada's national team and from playing in any league in Europe. The suspension cost Bertuzzi more than $500,000 in salary and about $350,000 in endorsements, Bettman said.

Tim Danson, Moore's lawyer, said in a telephone interview last night, "Speaking with Steve, he is disappointed, very disappointed, because he is unable to resume his N.H.L. career and may never be able to resume his N.H.L. career, while Mr. Bertuzzi is able to resume his N.H.L. career."

A telephone call to Moore, who spent yesterday at the Cleveland Clinic to have further testing for postconcussion syndrome, was not returned.

Bertuzzi, who is in Kitchener, Ontario, was unavailable for comment.

In his statement, Bettman issued a stern warning to Bertuzzi: "While I believe it is time to move forward, I want to make clear to Mr. Bertuzzi what will be expected of him when he resumes his playing career this season: (1) As set forth in the terms of his criminal probation, Mr. Bertuzzi will not be permitted to play in any N.H.L. game in which Mr. Moore is a player on the opposite team; and (2) Mr. Bertuzzi will be considered to be on 'probation' for the 2005-6 N.H.L. season."

Jean Martineau, the senior vice president for communications and team services for the Colorado Avalanche, called Bettman's ruling "a league decision" and said the Avalanche would not comment.

A civil suit is still pending.

Moore filed the suit in Colorado against Bertuzzi, Vancouver forward Brad May, as well as its coach, Marc Crawford, its former general manager, Brian Burke, and the Canucks' organization for civil conspiracy, assault, battery, negligence and outrageous conduct.

In his statement, Bettman also wrote of the "financial, criminal, civil and emotional consequences" Bertuzzi endured, including pleading guilty to assault causing bodily harm on Dec. 22, 2004, in British Columbia. Bertuzzi was granted a conditional discharge with one year of probation. He was barred from any sporting activity in which Moore was involved and was ordered to perform 80 hours of community service.

"I believe that Mr. Bertuzzi is genuinely remorseful and apologetic for his actions on March 8, 2004, and the consequences that have flowed from such actions," Bettman said.

Danson said that Moore also spent a week at the Cleveland Clinic in late June. "We were hoping the league would wait until the end of the month to have a comprehensive opinion from the Cleveland Clinic," he said.

He added: "I think this is a missed opportunity to send out a very strong message. In my opinion, no matter which way you view the facts, the N.H.L. has given Bertuzzi a 19-game suspension for the most violent criminal act in N.H.L. history."

Bettman's statement said: "Mr. Moore's counsel suggested that the N.H.L.'s resolution of this matter could be a defining moment for the N.H.L., which will be judged on how the matter is handled. I agree. Conduct such as Mr. Bertuzzi's simply has no place in the game of hockey."