GDT: Free agency madness, brought to you by the letter G

[DaveMatthew]

First thing I'll say is that when you're a sports/entertainment attorney actual legal defense and representation is only part of your job. The other part of your job is giving advice to your client and counselling them on things like PR and reputation (often with the help of third party consultants).

I'm not taking anything as gospel. I'm saying that any player that was not involved or not present should be saying so in the current environment and with the facts as they are. That is the absolute best thing for them to do from a PR standpoint as an expectation has developed that silence = presence.

Saying "I didn't engage in any wrongdoing" is not the same thing. It implies that the speaker was in fact involved but that they believe they did not thing wrong (i.e., the sex act was consensual). That's really no better than silence at this point because most people are not willing to entertain the "it was totally consensual" angle. You were either in that room taking part or you weren't. If you were involved, folks are not going to be sympathetic to an argument that things were consensual. Thus, silence.

Staying silent in the immediate aftermath of this coming to light and letting the investigation play out is a reasonable strategy.

Look, these players will either be charged and arrested by law enforcement, implicated and punished by the NHL, or cleared. Whether they say something now or not, it won't change what happens in the coming weeks and months.

If Batherson is implicated, it won't matter that he didn't make a statement this week. If he's cleared, it also won't matter that he didn't make a statement this week.

I know we live in an age where everyone needs to make an instant judgement, but that's just not how these things work, or should work. And honestly, based on the tenor of many posts, most fans don't seem to actually care about getting justice for the alleged victim. They don't care about how she wants this resolved. They just want to clear their own conscience about who they cheer for.

Yes, I'm talking about what's going on here on HF. And if anything, those social media posts leave me wondering even more why an innocent person wouldn't just come out and deny involvement, unless they have some unprecedented level of thick skin and don't care what their family/friends/fans think about them.

I would imagine all of these players have communicated with their families and closest friends, but they wouldn't do that through public channels. They'd just, you know, talk to them directly. I also don't find it hard to believe that many of them wouldn't give two shits about what people are saying on Twitter or HFBoards.

 

[Mingus Dew]

Staying silent in the immediate aftermath of this coming to light and letting the investigation play out is a reasonable strategy.

Look, these players will either be charged and arrested by law enforcement, implicated and punished by the NHL, or cleared. Whether they say something now or not, it won't change what happens in the coming weeks and months.

If Batherson is implicated, it won't matter that he didn't make a statement this week. If he's cleared, it also won't matter that he didn't make a statement this week.

I know we live in an age where everyone needs to make an instant judgement, but that's just not how these things work, or should work.

If Batherson was my client and he wasn't in the room my legal counsel would be to make a public statement to that effect immediately.

I am a pretty mediocre lawyer and a corporate one at that. I'm just giving my perspective.

At the end of the day such a statement would "prove" nothing but that's not the point of the statement. This isn't a trial - he is fighting for his reputation and potentially his career.

 

[coladin]

Wouldn't be surprised if Formenton or Bath are John Doe 1 at this point

Just a hunch as to why they would remain quiet

My gut feeling is Drake is John Doe 1, and realistically, it begins with that being consensual, and the larger issue is what transpired afterwards, as there was no disupte that she agreed to go with No. 1

 

[Agent Zuuuub]

I've always been about paying my fair due of taxes.

But to know that an organization like hockey Canada which I would normally support my money going to if it helps underprivileged kids get into hockey, also uses that taxpayer money to protect the rich and powerful from sexual assault charges and essentially maintaining the system which promotes this stuff ....

Yeeeeeesh

Not to mention the people who are being protected by taxpayer money are people who do their utmost to dodge as much taxes as possible despite making more in a year than a lot will make in their lifetimes.

Socialism for the rich, capitalism for the poor.

 

[DaveMatthew]

At the end of the day such a statement would "prove" nothing but that's not the point of the statement. This isn't a trial - he is fighting for his reputation and potentially his career.

But putting a short statement out this week won't have any impact on his reputation or career. Maybe it will calm the conversation for a couple of days. What happens in the coming weeks is what will actually matter.

 

[Mingus Dew]

But putting a short statement out this week won't have any impact on his reputation or career. Maybe it will calm the conversation for a couple of days. What happens in the coming weeks is what will actually matter.

Getting the benefit of the doubt in the short term is super valuable right now. I really don't agree that it won't have any impact.

 

[DaveMatthew]

Getting the benefit of the doubt in the short term is super valuable right now. I really don't agree that it won't have any impact.

In a few months, this will be resolved in one way or another. At that point, everyone will have completely forgotten which players put out statements, and what the specific wording in each statement was.

Batherson will either be facing criminal charges, will be suspended, or he'll be scoring goals for the Senators and the majority of fans will consider the matter settled and will be cheering him on.

 

[Gil Gunderson]

But putting a short statement out this week won't have any impact on his reputation or career. Maybe it will calm the conversation for a couple of days. What happens in the coming weeks is what will actually matter.

If you were innocent, you'd be fine with having the world assume you were in involved in such an act? If I was innocent and my lawyer told me to stay silent while my close ones and fans were making these assumptions, I'd fire my lawyer on the spot.

Sorry, you can talk about how this doesn't really matter and everything will be shown in a few weeks or whatnot, but I don't see a reason for an innocent person to stay silent. That's all I can really say. People are going to have their suspicions and rightfully so.

 

[Wondercarrot]

Lol such a one-sided way of looking at it. The rapists could easily say they're innocent as well and hope for this to blow away just like it did for years...



That's not the point being made. The point is one way or another you can't fully know until the investigation or a testimony are made.

With all due respect that’s not the point being made. We all know the strict legal guilt will not be know until complete and possibly not even then.
The point that’s being made is that if you were NOT involved there is a 100% chance you would say so openly.
It doesn’t mean there aren’t liars,
100% of the people putting out statements may not be innocent but 100% of the people who are innocent are putting out statements IMO.

Good points being made by others about level of “culpability” some of the 7 or whatever may have been there briefly and left without doing anything while the main actors etc etc. making it difficult to put out a helpful statement.
Their ‘morality’ will be debated entirely in the court of public opinion. It’s all a nightmare.

 

[Mingus Dew]

In a few months, this will be resolved in one way or another. At that point, everyone will have completely forgotten which players put out statements, and what the specific wording in each statement was.

Batherson will either be facing criminal charges, will be suspended, or he'll be scoring goals for the Senators and the majority of fans will consider the matter settled and will be cheering him on.

Or the investigation goes nowhere and the players in the room are never identified. I actually think that's a pretty likely outcome.

In that case you've got the folks that said they weren't involved and the folks that stayed silent. Despite never being named the players that stayed silent will be judged as they're being judged now.

There is no upside to staying silent unless you can't say that you weren't involved. That's my opinion on this.

 

[DaveMatthew]

If you were innocent, you'd be fine with having the world assume you were in involved in such an act? If I was innocent and my lawyer told me to stay silent while my close ones and fans were making these assumptions, I'd fire my lawyer on the spot.

"If it were me" doesn't matter. These players aren't me. Or you.

Everyone is making their own decisions alongside their agent, lawyer, family, and likely, NHL team.

You can read into it whoever you want based on what you would do, but that doesn't make it true.

 

[Hale The Villain]

Wouldn't be surprised if Formenton or Bath are John Doe 1 at this point

Just a hunch as to why they would remain quiet

Given that this happened in London, where Formenton had played for 2 years, feel like there's a decent chance it's him, but I'm speculating.

 

[DaveMatthew]

Or the investigation goes nowhere and the players in the room are never identified. I actually think that's a pretty likely outcome.

In that case you've got the folks that said they weren't involved and the folks that stayed silent. Despite never being named the players that stayed silent will be judged as they're being judged now.

There is no upside to staying silent unless you can't say that you weren't involved. That's my opinion on this.

If you look at history, that's not really true. People move on pretty quickly if there's no real resolution. Maybe that's what the "quiet" players are banking on.

Hell, look how quickly the hockey establishment shifted the conversation around Evander Kane. He scored some playoff goals and all of a sudden the allegations against him aren't brought up all too much in the mainstream media.

Or maybe a statement will come tomorrow, or the next day. Twitter was convinced that Max Comtois was involved. He was trending for days. Why did it take him until last night to say something? Who knows.

 

[coladin]

If you were innocent, you'd be fine with having the world assume you were in involved in such an act? If I was innocent and my lawyer told me to stay silent while my close ones and fans were making these assumptions, I'd fire my lawyer on the spot.

Sorry, you can talk about how this doesn't really matter and everything will be shown in a few weeks or whatnot, but I don't see a reason for an innocent person to stay silent. That's all I can really say. People are going to have their suspicions and rightfully so.

John Doe No.1 could very well be innocent, as the info we have is she agreed to go with the first guy, and not necessarily what transpired afterwards. Should John Doe say " yeah i was first and then I left and don't know what happened after"? Of course not at this stage, but being silent at this stage is the only thing to do . Clearly, it seems, in my opinon , that at this stage almost certain that both were involved. But it does not necessarily mean they assualted anyone

 

[Mingus Dew]

If you look at history, that's not really true. People move on pretty quickly if there's no real resolution. Maybe that's what the quiet players are banking on.

Hell, look how quickly the hockey establishment shifted the conversation around Evander Kane. He scored some playoff goals and all of a sudden the allegations against him aren't brought up all too much in the mainstream media.

Current social environment around sexual assault has evolved. I think people are unlikely to just forget about this one.

We as a society have unfortunately not gotten to the same place re: men physically assaulting women. Austin Watson plays for this team.

 

[Hale The Villain]

I can only imagine how untethered from reality and irrational this thread (and especially the main board thread) would be if it weren't for the fantastic job DaveMatthew is doing to inject logic and common sense into this conversation.

 

[Gil Gunderson]

If a vague statement comes out tomorrow after 3 pm, that's probably when you know things aren't good.

 

[DaveMatthew]

Current social environment around sexual assault has evolved. I think people are unlikely to just forget about this one.

Patrick Kane is one of the most celebrated players of all-time and will have fans and media bow before him at the end of his career. He was accused of rape not so long ago. The allegations were not proven to be true, and people moved on.

We need to wait and see how this plays out. Maybe players are charged, and like Jake Virtanen, for example, they face serious repercussions.

That will seal their reputation. A statement today won't.

 

[Gil Gunderson]

I can only imagine how untethered from reality and irrational this thread (and especially the main board thread) would be if it weren't for the fantastic job DaveMatthew is doing to inject logic and common sense into this conversation.

Eric Macramalla, an actual lawyer, said players who are actually innocent should come out and say so. I don't see how believing that is irrational.

 

[GCK]

Current social environment around sexual assault has evolved. I think people are unlikely to just forget about this one.

We as a society have unfortunately not gotten to the same place re: men physically assaulting women. Austin Watson plays for this team.

Society has also come to believe addiction is a disease and not a choice.

 

[NorthCoast]

If you were innocent, you'd be fine with having the world assume you were in involved in such an act? If I was innocent and my lawyer told me to stay silent while my close ones and fans were making these assumptions, I'd fire my lawyer on the spot.

Sorry, you can talk about how this doesn't really matter and everything will be shown in a few weeks or whatnot, but I don't see a reason for an innocent person to stay silent. That's all I can really say. People are going to have their suspicions and rightfully so.

We have no idea. Could be many reasons.

- They were involved in the initial investigation and settlement (as guilty party or innocent witness), and are legally bound to stay silent.
- They haven't wanted to help the media identify the guilty parties, at least up until now. A bunch more made statements yesterday. Maybe the sens players make statements today.
- They have been advised by their counsel not to make any statement because they may have minor culpability that a statement could make worse and better to let the system play out.
- They are fully guilty.
- A dozen other reasons that we can't imagine.

Just saying. Who knows.

 

[DaveMatthew]

Eric Macramalla, an actual lawyer, said players who are actually innocent should come out and say so. I don't see how believing that is irrational.

Every player has stated that they're innocent. A lawyer for the 7 players who were in the room has put out a statement saying that the entire encounter was consensual.

What people here seem to want is for Batherson and Formenton to come and say that they weren't in the room. That's looking unlikely. But it also doesn't mean they're guilty of a crime.

That's to be determined by the multiple investigations.

If they came out and said that they were cleared of all wrongdoing, like some of the other statements, but didn't deny they were there, would that appease fans? I don't think so.

 

[Hale The Villain]

Eric Macramalla, an actual lawyer, said players who are actually innocent should come out and say so. I don't see how believing that is irrational.

That's not irrational in my opinion, but my god some people have been getting way ahead of themselves and seem ready to tar and feather these players without knowing almost anything about the specifics of the incident.

 

[slamigo]

John Doe No.1 could very well be innocent, as the info we have is she agreed to go with the first guy, and not necessarily what transpired afterwards. Should John Doe say " yeah i was first and then I left and don't know what happened after"? Of course not at this stage, but being silent at this stage is the only thing to do . Clearly, it seems, in my opinon , that at this stage almost certain that both were involved. But it does not necessarily mean they assualted anyone

Except the account from the victim is that John Doe #1 orchestrated the other to join and let them into the room and subsequently made her shower any potential evidence off, record two video statements and then followed up the next day with a barrage of texts demanding that she not cooperate with a police investigation. Oof.

 

[Gil Gunderson]

Every player has stated that they're innocent. A lawyer for the 7 players who were in the room has put out a statement saying that the entire encounter was consensual.

Maybe I should say "involved" rather than innocent. Not every player/lawyer has said they weren't involved. I'd say it's likely that anyone who hasn't come out with a statement saying they weren't involved at this point was likely in that room at some point or knew about it, whether they actually engaged in the act is a different story I suppose. If I had to guess, the main obstacle at this point is how to word a statement that doesn't outright make them look bad.

I just can't imagine either Sens player coming out of this unscathed.