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Last words Both sides present final arguments in McSorley case
VANCOUVER (AP) -- NHL players give "explicit consent" to the risk of on-ice contact and Marty McSorley's hit to opponent Donald Brashear's head wasn't assault, McSorley's lawyer said Friday. "Behavior which is criminal assault isn't if it's within the norms of the game," Bill Smart told court during closing arguments as McSorley's trial on charges of assault with a weapon -- his hockey stick -- wound down. Thousands of spectators watched the final moments of a Feb. 21 game in Vancouver between the Canucks and the Boston Bruins as McSorley skated up behind Canuck Donald Brashear and hit him in the head with his stick. Brashear slumped to the ice with a serious concussion. Smart added the defense wasn't arguing that McSorley's actions were acceptable, pointing out that McSorley testified under oath that the hit was an accident. "This issue is whether the Crown has established beyond a reasonable doubt that this wasn't an accident. Even the most skilled athletes sometimes can make mistakes," Smart said.
McSorley, who holds the third-highest penalty minutes in league history, has testified he intended his stick to hit Brashear in the upper shoulder. It is the first time in 12 years an NHL player has been charged following an on-ice incident. The trial generated enormous media attention and saw a parade of well-known NHL names, including hockey great Wayne Gretzky, who said he was there to support a friend. Gretzky and McSorley played together in Edmonton and Los Angeles. McSorley was suspended for the remaining 23 games of last season and must speak with NHL commissioner Gary Bettman before he returns to play. However, as an unsigned free-agent and at age 37, it's unclear if that will happen. Brashear has fully recovered and has returned to play with the Canucks.
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