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Aye Doc
Jul 19, 2007



Djarum posted:

How have they handled it badly? Kane has been accused of a crime, but not charged for anything and even isn't in the legal system. Even if the NHL and the Blackhawks wanted to they have no legal recourse until he is charged with a crime, look in the CBA. For a perfect example the Kings and NHL are likely going to get hosed by Mike Richards for terminating his contract BEFORE he was charged with anything. The NHLPA aren't going to roll over on it because it would mean a player's contract could be terminated for nearly any misconduct, real or imagined, without being tried in a court of law.

The NHL has been VERY hands off in the entire saga and have repeatedly said that they are going to wait and let the legal process play through, which is exactly what they should be doing. I am not exactly sure what you think they could/should be doing different?

the CBA doesn't prevent them from suspending people before they're charged with a crime. there is in fact a section that is titled "Criminal Investigation" and it says "The League may suspend the Player pending the league's formal review and disposition of the matter where the failure to suspend the Player during this period would create a substantial risk of material harm to the legitimate interests and/or reputation of the league"

the NHL obviously does not believe this situation is going to have any major negative effects or they would have suspended Kane, but they definitely could have suspended him with pay and then waited for more facts to come out if they wanted

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Aye Doc
Jul 19, 2007



Djarum posted:

You are partially correct.


So the league can technically suspend him but haven't yet mostly to cover their own rear end before charges could/would be filed. The league would have to a investigation themselves and can not until evidence is brought into the open. I imagine that the Blackhawks and NHL have both been in close contact with both Kane and his lawyers so they both have a very good idea of what is going on.

you are reading things into that excerpt that are not there. "pending the league's formal review" means they can suspend him with pay and then wait out and review the situation, which is what they did with the Slava Voynov situation. they don't have to investigate first and they don't have to wait until evidence comes out into the open.

Aye Doc fucked around with this message at 00:05 on Sep 24, 2015

Aye Doc
Jul 19, 2007



Duro posted:

All in the hockey threads.

perhaps the problem isn't the hockey threads

Aye Doc
Jul 19, 2007



Paulocaust posted:

Please show evidence that the accuser turned down a settlement

Kane's lawyer has said that there never even were settlement talks

Aye Doc
Jul 19, 2007



http://nhl.nbcsports.com/2015/09/24/erie-county-d-a-calls-press-conference-to-address-evidence-tampering-allegations-in-kane-case/

scheduled for 11 am est tomorrow

Aye Doc
Jul 19, 2007



THE MACHO MAN posted:

I honestly think today's presser is to announce that they are not going to pursue charges any longer

so far, everyone's reporting that today's presser is just for him to address the allegation of evidence tampering

Aye Doc
Jul 19, 2007



the accuser's mother done hosed up

Aye Doc
Jul 19, 2007



Aphrodite posted:

So uh, what actually happened?

the accuser was at her mother's house before she went to the hospital and changed her top. when they went to the hospital, the nurse was going to give the mother a brown paper bag to collect the top in. the police showed up and collected the shirt at some point, and did not take the paper bag. the mother is denying that she ever took possession of the brown paper bag, but the DA made it very clear he thinks she is lying about that, and now they're going to investigate the hoax about this paper bag

Aye Doc
Jul 19, 2007



Duro posted:

I don't like this "changing the shirt" story

Does this mean she didn't hand in whatever shirt she wore that night?

the DA said that the police took possession of the shirt she wore that night

Aye Doc
Jul 19, 2007



Aphrodite posted:

Stabler would have Kane's girlfriend outside the courtroom door to slap him in the face as soon as he walked out.

this is undersellling detective stabler's commitment to the force. he would have walked into the room where kane was waiting for questioning and choked him against the wall and slammed him through a table, and if that didn't work, he'd have gone undercover as a serial rapist to try to gain access to patrick kane's secret rape van so that he could bust him

Aye Doc
Jul 19, 2007



El Gallinero Gros posted:

My friend is that a loveline reference

i wish it was as cool as a loveline reference, it's actually the law & order svu episode dexo mentioned here:

Dexo posted:

Wasn't there an SVU episode where one of the lawyers or someone essentially set up multiple child honey pots to try and set up a dude who just got out of jail for child molestation or something who wanted nothing to do with it.

it's called "Demons" and as I recall it goes roughly like this: Robert Patrick stars as a serial rapist named Ray who targets young girls, who claims to no longer be a serial rapist. someone is raped and the crack squad at SVU think Ray did it, so they get some young looking cop to dress up like a young girl and walk down the street where Ray's character is driving to entice him. when that doesn't work, Stabler goes undercover as a fellow pedophile who then spends the entire episode encouraging Ray to kidnap and rape a kid with him. shockingly, Ray then kidnaps some girl and wants he and Stabler to rape her together

Aye Doc
Jul 19, 2007



Duro posted:

Under which section?

quote:

18-A.5 Criminal Investigation. A Player subject to Commissioner Discipline for Off-Ice Conduct may seek a reasonable delay in such proceedings in order to retain and seek the advice of counsel in the event his conduct may also be subject to a criminal investigation by any governmental authority, or in the event of an ongoing civil proceeding where the Player has been named as a defendant. The League may suspend the Player pending the League's formal review and disposition of the matter where the failure to suspend the Player during this period would create a substantial risk of material harm to the legitimate interests and/or reputation of the League.

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Aye Doc
Jul 19, 2007



Duro posted:

I think my interpretation is correct, as it has to do with procedural fairness. The reason I don't think you can suspend a player with s. 18-A.5 alone is that the procedures set out in 18-A.2 and especially 18-A.3 pretty much show a very streamlined discipline process. The mechanism appears to deal in days and doesn't provide a lot of time once everything is triggered. From what I'm seeing, 18-A.5 is there so that the player has a way of delaying things to get his legal representation in order, but it allows the NHL to suspend or keep the player suspended while that delay is occurring. The nexus of the section to me is its ability to offer the player a reasonable delay rather than its ability to suspend the player. I just don't read it as being able to suspend the player on its own, but I'm not saying that I'm 100% right on this, it's just my impression after reading it. Like most internal documents, it could benefit from more clarity in its wording.

when they suspended Voynov last season, 18-A.5 was the section of the CBA used to suspend him

"The suspension was imposed under Section 18-A.5 of the Collective Bargaining Agreement"

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