In preserving Bruins forward Shawn Thorntons 15 game suspension on appeal, Commissioner Gary Bettman concluded that the attack on Penguins defenceman Brooks Orpik was "a bad act with a bad result, and neither will be tolerated in our game." Bettman very clearly confirms that protecting the brains of players is of paramount importance, and decisive action will be taken to discourage excessive and unnecessary force that may result in irreversible brain damage. Thornton will now have seven days to appeal Bettmans decision to an independent arbitrator. This is brand new under the CBA and has never been done. So if we do see an appeal, we will break new ground (and/or ice). The Hearing: Who Was There? The hearing was held at the law firm Proskauer Rose LLP. Thats the firm that acted for the NHL during the lockout. Very good law firm. Apart from Thornton appearing at the hearing, his agent Anton Thun, NHLPA representatives Roman Stoykewych, David Sinclair and Maria Dennis, and Boston General Manager Peter Chiarelli were all in attendance. Thun and Chiarelli were called by the Union to testify. On the NHL side were members of the League office, including Deputy Commissioner Bill Daly, David Zimmerman, Julie Grand and Brendan Shanahan (who was called to testify), as well as Joseph Baumgarten from Proskauer Rose. While Thornton has an agent, the NHLPA handles the hearing. The agent can help with arguments, but ultimately the Union is in charge of the appeal and does the talking. NHLPA: What They Argued The NHLPA did not dispute that a suspension was warranted, but rather argued that the suspension was too long. So the NHLPA focused on length and not whether a wrong was committed. In fact, at the hearing, the NHLPA and Thornton acknowledged that the act was "quite serious", "harmful", and resulted in "significant" injury. Bettman writes that the NHLPA was aiming for a suspension closer to 10 to 12 games. In doing so, the Union relied on the leagues past practice for similar incidents, Thorntons clean record and the act lacking premeditation. Overall, the NHLPA argued that the "punishment was excessive." Bettman Disagrees In preserving the length of the suspension, Bettman relied heavily on the intentional nature of the act together with its "highly dangerous nature" and the "extent of the injury." As per the NHL CBA, the league considers a number of factors when determining the length of a suspension, including the following: (1) the excessive and unnecessary nature of the act, (2) the injury sustained, (3) whether the player has a rap sheet or is a repeat offender, and (4) the circumstances of the game. The league can also consider any other relevant surrounding circumstances. Bettman ruled that Thornton engaged in intentionally excessive force. He skated the length of the ice, slew footed Orpik, dragged him to the ice from behind and punched him multiple times in the face. Orpik, Bettman writes, "never had a chance to fairly confront his opponent, much less an opportunity to defend himself." As well, Orpiks injury was also key in maintaining the suspension. Bettman noted that there was still no "definitive date for his return" and that there is "uncertainty as to his future condition." Bettman also ruled that the act constituted "retribution" for Orpik declining Thorntons invitation to fight after Orpiks hit on Louis Eriksson. For the Commissioner, that also supported upholding the suspension. The fact that Thornton had no prior history of suspensions was recognized by Bettman. Indeed, the Commissioner expressed that it was "certainly possible" to argue for a more "severe punishment." So it looks like Thorntons clean record may have resulted in a shorter suspension. Bettman also relied on one more key factor: the human brain. It is recognized that players may suffer irreversible brain damage as a result of blows to the head. Consequently, the league must take active and decisive steps to safeguard the brains of its players. That includes imposing punishments that are designed to strongly discourage behavior that threatens the long-term health of its players. The league would argue that failing to firmly discipline players puts all players at risk. Hockey is an inherently dangerous sport and that will never change. Still, contact that is not part of the game will be scrutinized. Indeed, the 200 plus NFL concussion lawsuits, the NHL class action concussion lawsuit and the Derek Boogaard lawsuit weighed heavily on the decision making process. The league simply cannot be seen as soft on brain damage with this mass of litigation gathering around sports. So the legal side of this case was inescapably important. Some have argued that the nature of Thorntons act just doesnt match up with past lengthy suspensions because Thornton used his glove to punish Orpik rather than his stick or skate. This type of argument is a red herring and ignores the bigger issue at play: its not how the harm is delivered but rather what harm is inflicted. Times have changed and penalties must be aligned with evolving sensibilities. Indeed, Bettman wrote in his Decision that a player "who today blatantly flouts the rules in a manner that causes a head injury can and should expect to be severely disciplined." Why So Long For Bettman Decision? Thorntons hearing was on December 20. So it took 4 days for the Commissioner to issue his decision. In part, a reason for the delay was that the NHL wanted to get the decision just right given the possibility the case could be appealed to an independent arbitrator. The NHL wanted to make sure, in part, that its reasons were well-reasoned, considered and thoughtful. So Whats The Takeway? The extent of the harm delivered together with the weight of the concussion lawsuits and evolving sensibilities conspired to preserve Thorntons suspension. Bettmans decision was not only predictable, but it was also prudent and ultimately correct. And for these reasons, and as I wrote here, Thorntons chances of success on appeal to an independent arbitrator are bleak. Kansas City Royals Gear . Pierre last November, only to watch St. Pierre leave the UFC octagon with his welterweight title belt and a split-decision victory. Royals Jerseys 2020 . - Titans quarterback Jake Locker will miss the rest of the season with a Lisfranc injury to his right foot, leaving Tennessee trying to rally with Ryan Fitzpatrick. https://www.cheaproyals.com/ .C. United on Wednesday night. Forward Bright Dike scored the games only goal in the 85th minute on a foggy night in Bradenton, Fla. Kansas City Royals Store . “Momentum is only as good as the next days starter,” the long-time Baltimore Orioles manager famously quipped. Kansas City Royals Shirts . PAUL, Minn.JOHANNESBURG, South Africa -- The murder trial of Oscar Pistorius resumes Monday after one month during which mental health experts evaluated the athlete to determine if he has an anxiety disorder that could have influenced his actions on the night he killed girlfriend Reeva Steenkamp. Judge Thokozile Masipa is expected to receive the conclusions of a panel of one psychologist and three psychiatrists who were instructed to assess whether the double-amputee runner was capable of understanding the wrongfulness of his act when he shot Steenkamp through a closed toilet door in his home on Valentines Day last year. The assessments of a panel at a state psychiatric hospital could determine whether he should be held criminally responsible and affect the judges deliberations on a verdict or, in the event of a conviction, the severity of the sentence, according to legal analysts. The evaluation came after a psychiatrist, Dr. Merryll Vorster, testified for the defence that Pistorius, who has said he feels vulnerable because of his disability and long-held worry about crime, had an anxiety disorder that could have contributed to the killing in the early hours of Feb. 14, 2013. He testified that he opened fire after mistakenly thinking there was a dangerous intruder in the toilet. Prosecutor Gerrie Nel has alleged that Pistorius, 27, killed the 29-year-old model after an argument, and has portrayed the Olympic athlete as a hothead with a love of guns and an inflated sense of entitlement. But he requested an independent inquiry into Pistorius state of mind, based on concern the defence would argue Pistorius was not guilty because of mental illness. Pistorius defence team could get a boost if the hospital evaluation roughly aligns with the conclusions of Vorster, the defence witness, said a llegal expert observing the trial.dddddddddddd Kelly Phelps, a senior lecturer in the public law department at the University of Cape Town, said a diagnosis that Pistorius has an anxiety disorder could add weight to his account and compel the judge to consider the question: "Is it more likely that he is telling the truth about what occurred on that night?" Even if the judge rules that Pistorius is guilty despite any disorder that he is suffering, Phelps said, the diagnosis could be a mitigating factor when he is sentenced. "That is the area of law that is often referred to as diminished responsibility," she said. Other possible conclusions in the psychiatric evaluation are that Pistorius is not suffering from any anxiety disorder, which could undermine his defence. Alternatively, it might be found that he was incapable of distinguishing between right and wrong or acting in accordance with that understanding, which could lead to a verdict of not guilty because of mental illness and referral to state psychiatric care. Pistorius faces 25 years to life in prison if found guilty of premeditated murder, and could also face years in prison if convicted of murder without premeditation or negligent killing. He is free on bail. Once Judge Masipa receives the conclusions from the mental health experts, the defence will be in a position to call its few remaining witnesses, prior to closing arguments and Masipas deliberation on a verdict. If, however, the experts who observed Pistorius are not unanimous in their conclusions, the judge can call them to the stand to clarify their findings. Pistorius was evaluated as an outpatient at Weskoppies Psychiatric Hospital in Pretoria, the South African capital. He has been staying at the upscale home of his uncle. ' ' '