Dennis Wideman Suspension Process Gets Ugly

Dennis Wideman Suspension: Brian Burke Speaks Out Against NHL

NHL’s handling of the Dennis Wideman suspension is being highly criticized by Calgary Flames President of Hockey Operations Brian Burke – and rightfully so.

In a piece written last week, this writer took a very strong stand in support of Wideman and exact same sentiments being spoken by the Calgary Flames. Anyone who’s played a high enough level of hockey to understand the effects of taking a big hit from a player moving at high-speed – knows exactly how it feels to be in Mr.Wideman’s shoes.

There’s no shred of evidence in this entire case that proves beyond a reasonable doubt that Dennis Wideman‘s actions were malicious and intentional. The first two rules of law to convict a person: it must be proven that the accused had both the “mens rea” and “actus reus”. Simply put, actus reus refers to the action being performed itself, whereas mens rea dictates the thought process that goes into the action (i.e. the planning or intention to do harm). Law doesn’t recognize split-second hazy concussed decisions as a well thought out malicious plan/intent.

Brian Burke Fires Off at Gary Bettman and Company

Joining Sportsnet‘s “Prime Time Sports” with Bob McCown on Wednesday evening, Burkey had some interesting things to say. He began the discussion by making it very clear that his entire organization including himself strongly disagree with the suspension and handling of the process. 

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Slow Process

There’s something wrong with the National Hockey League’s suspension process in regards to “abuse of official”. For some reason, it’s absurdly taken out of the Department of Player Safety’s hands, and put directly in front of suits at the NHL head office. Why cant the ones who deal with suspensions all-year long deal with this? Does it make any sense to have Gary Bettman proceeding over this process?

This is comparable to what the United States government did back in the 1980s with their war on drugs. Stay with me here… the government lumped a bunch of un-equal drugs into the same scheduled one category. The addict offender being caught with a small personal amount receives the same mandatory minimum sentence as a trafficker with large quantities. Here’s the NHL link. Abuse of official is an ambiguous rule that can range across the board. Yet, the NHL has set minimums for these incidents – and the league’s language under rule 40 offences is limited and vague.

via Sportsnet,

“We’ve been asking for a result for several days, saying ‘when’s this going to come down?’ Because now, if this is appealed to the neutral arbitrator, they’ve virtually guaranteed that the player’s going to do 10 games no matter what because it’s going to take a couple days to get this thing put all together,” Burke said. “So to take a week to rubber-stamp a decision that was made by the hockey operations department of the National Hockey League as games tick off for my player, that affect my team’s ability to win, that affect playoff races, that affect competitive balance, is incomprehensible to me.”

Burke added: “We’re not questioning the integrity of the process — the appeal has gone to the commissioner, if all he’s going to do is rubber-stamp it we accept that, but then do it quickly so it can get to this third party. The only objection we have here is the timing of this and of course we disagree with the first decision. We believe this was an accidental collision between our player — a player with an 800-game career almost with no prior instance, never had a major penalty other than fighting majors, never got a five for hitting from behind, never got a high-sticking foul, never had an issue with an official.

Rule 40 Offences

via Sportsnet,

“If you look at these Rule 40 offences they fall into two categories: Either this player had a beef with the official involved or he had a beef with another player and was disrespectful to an official. So he’s either trying to settle a score or he’s trying to settle a score with a player and disregards an official in the process. This is not that case. This is a player that’s trying to get to the bench.”

Those in the law community have used improper or vague language to their advantage in the past. How many guilty parties have likely gotten away with crimes due to “technicalities” somewhere in the law process? The Calgary Flames should be taking the NHL’s language in Rule 40 Offences, and make them swallow it. This fact alone makes whether he’s guilty or not rather insignificant. Whether you agree or disagree with Wideman’s actions, the above language doesn’t support a guilty verdict.

Mr.Bettman is a Classless Individual

The NHL continues attempting to paint Dennis Wideman with this ugly brush. Initially, they pointed out that Wideman refused medical attention on the bench and continued to play with a concussion (big whoop, hockey players are tough – they’ll play through the pain). This had ZERO to do with the actual incident that took place – useless argument.

Gary Bettman took it one step further in his 22-page dissertation released Wednesday following his decision to uphold the suspension.

Gary Bettman via Sportsnet,

“I am troubled by Mr. Wideman’s total failure to accept any responsibility for his actions,”

Brian Burke went on to explain to Bob McCown that he was at the original hearing, and that Dennis Wideman’s apologies were absolutely sincere. Burkey was hesitant to speculate much further as he hadn’t had an opportunity to read Mr.Bettman’s full comments at that point.

Text Messages go Public

via Sportsnet,

“Indeed, although he made much at the hearing about the apologies he had already made to Mr. Henderson, the sincerity of those apologies rings somewhat hollow given the text message he sent to a teammate on February 2—after the conclusion of the hearing before Mr. Campbell — that ‘[t]he only problem and the only reason I’m here is cause the stupid refs and stupid media.’ (Exh. B) Nevertheless, in light of Mr. Wideman’s prior exemplary disciplinary record, I decline to increase the suspension imposed by Mr. Campbell, which corresponds to the minimum penalty that would apply if Rule 40. 2 were applicable.”

Dear Gary,

Congratulations Mr.Bettman, you’re a classless act. This is a great example of what happens when you give someone too much power or authority. You don’t have the right to impede upon someone’s privacy. These weren’t thoughts or feelings shared for you or the public. It’s a private conversation between two individuals. Short of plotting a massive crime, we don’t deserve to know text message conversations that are none of our business. You’re not a girlfriend/fiancée/wife of any of these NHL players – you don’t have the right sir. The fact that you empower yourself with that type of language in the appeal process is simply disgusting.

Secondly, being four-foot nothing is no reason to pull a troll job in an attempt to make Dennis Wideman continue to look bad. You brought to light the text message that never should never have been released – let’s talk about it. Mr.Wideman doesn’t say anything that isn’t true. The referees negated to write the incident up on the official scoresheet – ultimately giving you and your office more authority and power to rule over the suspension.

Lastly, why do both the players and referees no longer have responsibility for themselves? There was a time when “keep your head up” was something to always remember on the ice. Nowadays, you can put your head down, and it’s up to the opposition to recognize the vulnerable player. So why is Mr.Wideman (who was clearly concussed and in a daze) more responsible for his surrounding that Don Henderson? Obviously the linesman has a job to do – but you wouldn’t drive your car without knowing what’s going around you at all times, so why is it acceptable in our high-speed game (whether it’s the players or referees)?

It’s been made pretty clear the only reason you’re the commissioner of the NHL is because you’re deemed a very intelligent (business) man. I think at times you may forget there’s a human factor when you’re dealing with sports. No one cares that you make significantly less than other major North American sports commissions – you’re all overpaid thieves.

Perhaps it’s in your best interest to take a backseat on future incidents of similarity. You’ve proven yourself incapable. Stick to what you know. At the same time, do yourself a favor and make right this Dennis Wideman suspension when the dust settles with the neutral arbitrator. You need to swallow your pride, and make a public apology – because this is embarrassing for both the league and yourself.

Yours Truly,
Common Sense

Next: NHL Playoffs TV Ratings Will Take Bigger Hit Than Expected

The NHL and Gary Bettman are setting a very dangerous precedent if Dennis Wideman in fact does serve the entire 20 games – which at this point is looking more likely.  How long it will take for one of Gary’s neutral arbitrators to make a decision – who knows?  Let me leave you with one thought.  If this were Alex Ovechkin, Erik Karlsson, Sidney Crosby, Patrick Kane or any other star or MVP of their team, would this process have played out any differently?