Wednesday, March 09, 2011
"So if you're looking for someone to lead the angry pitchfork mob, you've come to the wrong place. Until the NHL decides Bob McKenzie is right and gives Chara a token one-game suspension. Then we can go apeshit."
- me, in the last post
So I don't need to tell you that the NHL decided that it was even more of a pussy than Bob McKenzie. At least Bob thought Chara would get a couple of games. The NHL's wheel of justice landed on zero. Zero games. Zero fines. Zero condemnation of a sickening, sickening act. One that has left one of the brightest young stars the team has in a hospital bed, with a fractured C4 vertebrae and a severe concussion. PatCHes won't play again this year, and may never play again. He may never be the same person again. So before we go apeshit, let's once again remember what's important here - PatCHes. Please get well. We're hoping and praying for you.
On to the apeshit.
Actually, let's get to the legal lesson first. Bear with me here, it's important. Let's start with one of our resident lawyers, Panger, who wrote the following in an email to me and HF10, that was sent before the ruling came down:
I’m not sure that Zdeno should get away with that hit regardless of whether he “intended” to nearly kill him. Frankly, I doubt he intended to seriously hurt him. But the fact is that he’s 6’9, has been playing hockey his whole career, and ought to have known the potential danger to Patches. Isn’t the rationale behind the blind-side head shot rule to protect players when they are vulnerable? How much more vulnerable could Patches have been? But did Chara turn away? No, he clearly rubbed him out. He knew it; he didn’t care about the consequences. Reckless disregard. Maybe it’s not first degree murder, but it can still be murder if you’re reckless. He’ll get two games and someone will have to be killed on the ice for the NHL to start protecting its players.(emphasis added)
A criminal lawyer will tell you that you need to prove two things for a guilty finding - the "actus reus" and the "mens rea". The actus reus is the criminal act. I think we can all agree that Chara performed the act. Want proof? Here:
Mens rea literally translates to "guilty mind." The average non-lawyer person thinks that the guilty mind means intent. The NHL thinks it too. I walk into my girlfriend's house and put a bullet in her head because she was sleeping with my best friend (I'm the jealous type). I intended to pull that trigger. That's easy to understand. But intent is not the only mens rea. Depending on the crime and jurisdiction, you've got all sorts of other mens reas. Two of the most common? Recklessness and negligence. You get into a car drunk and kill a guy? Sure, you didn't intend to kill him, but damn fucking right by getting into a car and driving drunk you were reckless, and you are guilty. In Canada, if you are negligent and your actions cause someone's death, you are guilty of homicide (s. 222(5)(b) of the Criminal Code). You never intended to kill someone, but you are still guilty of murder.
None of this means anything to the NHL "brain" trust. Most of whom, I imagine, are lawyers. But their ridiculous fascination with the phrase "intent to injure" has gone beyond the perverse. To the point where a 22-year old kid almost got killed with zero punishment to the person responsible.
Now Mike Murphy, NHL VP of hockey operations, is not a lawyer. But he's still a fuckface. Here's what he had to say: "I could not find any evidence to suggest that ... Chara targeted the head of his opponent". Right. No evidence. Exhibit A:
No contact to the head there! FuckMurphy continued: "with both players skating in the same direction and with Chara attempting to angle his opponent into the boards." Right. Just a normal check into the boards! When patCHes was nowhere near the fucking puck. Not to mention that if they were both skating in the same direction, Chara would have been staring right at the fucking stanchion. He would have known what he was about to do. FuckMurphy continued: "This hit resulted from a play that evolved and then happened very quickly." Of course, hockey is a slow game! But this play happened so fast who knows what happened! And one more: "I also took into consideration that Chara has not been involved in a supplemental discipline incident during his 13-year NHL career." Well fuck me gently with a chainsaw. He's just a prince! And the next time he pulls some sort of shit, he still won't have been involved in a supplemental discipline incident. So no punishment then either! I personally have never been disciplined for chaining a stripper to a bed in my basement. So when I do that, no discipline for me!
My rage is no longer targeted at Chara, or the Bruins, or the violent state of the game that seems to excuse this kind of stupidity. My rage is directed squarely at the NHL, who have taken one of the most sickening things I've ever seen in my lifetime and turned it into a fucking joke, just a normal hockey play. I am fucking pissed. I know you are too. What do we do? I don't know. CJAD has started a Facebook group that wants "justice" for PatCHes. Unfortunately, justice in this case seemed to have been lost in a wave of NHL stupidity. But we have to find a way to channel this anger. I'm open to suggestions. It's not just for justice, it's not just for revenge, it's not just for PatCHes. It's for the state of the game.
PatCHes himself said it best: "I'm not mad for myself, I'm mad because if other players see a hit like that and think it's okay, they won't be suspended, then other players will get hurt like I got hurt."
Amen, PatCHes. Again, get well. We'll be mad for you.
Posted by HabsFan29 at 11:35 PM
Tags: Chara is a Shaved Gorilla, get well patCHes, We don't have a tag that says "Bruins Suck" but we should