Written by Elliotte Friedman at Sportsnet.ca
The biggest eye-popper in NHL commissioner Gary Bettman’s ruling Wednesday that Dennis Wideman’s 20-game suspension was justified for knocking over linesman Don Henderson?
No doubt about it — the text message.
Wideman to a teammate on Feb. 2: “The only problem and the only reason I’m here is cause the stupid refs and stupid media.”
First of all, I don’t like it. Just like I don’t like judging the NHL on its emails released as part of discovery for the concussion lawsuit. I like to see the full chain for full context. We rush to judgment without the whole picture too often these days. I was disappointed to see Wideman’s text included.
So, why did he give it? Let’s go through the process.
The rules change when you move from a regular hearing to an appeal. The relevant section of the CBA is Section 18.12. It reads: “The Commissioner shall have the authority to consider any evidence relating to the incident even if such evidence was not available at the time of the initial Supplementary Discipline for On-Ice Conduct decision.”
Earlier Wednesday, I used the word subpoena. Two sources said there was (“Do you think Wideman willingly gave up his phone?” one said), with another disputing it. A lawyer set me straight, saying the rules are analogous to, but technically not, a subpoena. A subpoena is an instrument of the judiciary, which this is not.
But, here’s what it comes down to: Because this is an arbitration hearing — basically a private court — neither side can say no to this kind of a request. As long as the information isn’t privileged (such as talking to your lawyer or wife), both sides have to provide written communications from witnesses.
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