Three Periods: Voynov illustrates new reality; Fleury's future in Pittsburgh; NHL notes

Nicholas J. Cotsonika’s Three Periods column appears on Thursdays. This week’s topics include the new reality illustrated by the Slava Voynov case; the idea of extending Marc-Andre Fleury’s contract; and notes on the lack of suspensions for on-ice conduct and the enforcement of goaltender interference.

FIRST PERIOD: Voynov illustrates new reality in handling criminal cases

When TMZ showed the video of Ray Rice punching his fiancee in the face, so much changed. The public was forced to confront the ugliness of domestic violence. The NFL was forced to confront the outrage over its initial two-game suspension of Rice and its handling of other domestic violence cases.

Now the NHL has to deal with the new reality, too. It goes beyond the arrest of Slava Voynov and his indefinite suspension with pay. It goes beyond even domestic violence. What should the NHL do when a player is accused of a serious crime? What should teams do to educate their players?

Consider these striking comments from Los Angeles Kings general manager Dean Lombardi:

“We have a bigger responsibility now,” Lombardi told reporters Tuesday. “We train and provide access to training physically. We provide meals so they eat properly. Well, you know what? We’ve got a responsibility here now to train them in other areas. And I don’t mean having a guy come in and give a speech once a year.”

Lombardi has a law degree from Tulane, and he has seen a shift in how leagues have handled off-field and off-ice incidents. They used to wait while the legal process played out. Now they might not.

Voynov was suspended about two-and-a-half hours before he left jail, and it is uncertain how long his suspension will last and how much it will relate to his legal status. It might be as many as five-and-a-half weeks before the NHL knows whether he will even be charged with a crime. The Redondo Beach police are following up on their investigation and will report back to the Los Angeles County district attorney sometime before Voynov is scheduled to appear in court Dec. 1. The DA will decide whether to file charges.

“I had this in the back of my mind a year-and-a-half ago – not specifically this kind of thing – but it kind of irritates me that what was in the back of my mind about some things like this, and I let it fall through the cracks,” Lombardi told reporters. “This is as much about our organization’s responsibility. We’ve got an obligation here, too. We need to do a better job. That’s just the truth. I don’t care if that’s indicting ourselves.”

If Voynov is guilty, it is not the NHL’s fault. It is not the Kings’ fault. He is a grown man, 24 years old, and responsible for his actions.

But maybe there is a moral obligation for the NHL and teams to teach players how to handle fame and fortune – and the increased scrutiny and higher standards that come with it. Especially if they haven’t gone far in school. Especially if they come from a different culture. Especially in this era.

And let’s face it: There is a practical obligation for the NHL and teams to protect their own interests.

Under U.S. law, a person is presumed innocent until proven guilty, and the burden of proof is “beyond a reasonable doubt.” Voynov deserves due process, not a Twitter trial.

But under the collective bargaining agreement between the NHL and the NHL Players’ Association, the league can suspend a player pending a criminal investigation if “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.”

Listen, again, to the language to which the owners and players agreed: “substantial risk of material harm to the legitimate interests and/or the reputation of the league.” In other words, the NHL can suspend a player pending a criminal investigation when the failure to do so might hurt the business or tarnish the brand or both.

The NHL should not suspend a player simply because he is accused of something. Anyone can accuse anyone of anything anytime. It needs to tread carefully on a case-by-case basis. But if the allegation is serious enough – from domestic violence to other offenses – and the evidence is strong enough, it doesn’t need to wait.

We don’t know what Voynov did or did not do. But we know the police were called because a woman was screaming and crying. We know a woman suffered injuries that needed treatment at a hospital. We know Voynov was arrested at the hospital. And we know that the NHL knows more than we do. Deputy commissioner Bill Daly confirmed the league had more information when it suspended Voynov than the public does now.

The NHL suspended Voynov even though it knew no decision had been made on charges, let alone a conviction. The Kings supported the suspension. Why?

Ideally, it’s because the initial evidence is strong and this is so serious that it comes before hockey. Voynov should be paid and count against the Kings’ salary cap at least for the time being, but shouldn’t play or practice at least until the league has more time to investigate.

Realistically, it’s because the NHL and the Kings could lose money – sponsors, ticket-buyers – or receive negative publicity if he kept playing.

Lombardi was asked whether any sponsors had expressed concern. A team spokesman said he wasn’t aware of any.

“I think part of that is, I don’t think there’s any question we’re behind what the league has done,” Lombardi said. “We don’t question what the understanding of what their job is. When you’ve seen that action taken before, I think it was more because the feeling was ... My understanding is that when it came up in other instances, it was because maybe the team wasn’t behind what the league did. I don’t think that’s the case here.”

This is the new reality. The NHL and its teams need to make that clear to the players, if Voynov hasn’t made it clear already, and the players need to pay attention.

SECOND PERIOD: Fleury has nothing to prove to Rutherford, but should he?

Jim Rutherford told reporters this week that as long as he is the Pittsburgh Penguins’ general manager, Marc-Andre Fleury will be his goalie. Those were his strongest comments yet about the future of Fleury, who is in the last year of his contract, and that’s saying something.

Rutherford has supported Fleury from the start.

“I’m a big believer in him,” Rutherford told Yahoo Sports entering the season. “He’s a very talented goalie. He has good numbers year in and year out. I think he gets unfairly picked on as to how the results of playoffs were. Last year was his most consistent year in a few years, from start to finish right through the playoffs. … He really doesn’t have anything to prove to me.”

Fleury certainly has talent. He was drafted first overall in 2003.

He certainly has put up good numbers in terms of wins. He has won at least 35 games in six of the last seven full seasons, and he won 23 games in the lockout-shortened, 48-game 2012-13 season. He needs only nine wins to reach No. 300, and he doesn’t turn 30 until Nov. 28.

Has he been unfairly picked on for the results of the playoffs? Maybe. Injuries, loose defense and even impotent offense have been issues, too.

And, yes, last year was his most consistent campaign in a few years, from start to finish right through the playoffs. He put up a .915 save percentage in both the regular season and the playoffs.

But obviously Fleury has racked up those wins in the shootout era on a team with Sidney Crosby, Evgeni Malkin and company. His career save percentage is .910.

He melted down in the playoffs along with his teammates. After winning the Stanley Cup in 2009, he had four straight playoffs with save percentages under .900. He lost his job to Tomas Vokoun in the first round of the 2013 playoffs, and the Penguins went to the Eastern Conference final.

Then he accepted the Penguins’ request to see a sports psychologist after declining the previous two years. That – and a new goalie coach, who tweaked his technique – seemed to help him rebound last season.

Isn’t Rutherford concerned about Fleury’s mental game?

“I mean, it’s obvious, a big part of goaltending is mental,” said Rutherford, who played goal in the NHL for 14 seasons. “Knowing a goalie’s so talented like he is, the easiest thing to say is it’s mental. But I’m not sure it is. It could be anything – how the team plays in its own end, the kind of scoring chances you give up. It can be many things. He’s our goalie. He’s a good goalie.”

He is a good goalie when he plays up to his abilities. He is a good guy, too, popular with his teammates – close to Crosby. It’s a good idea to support him, to do everything to build up his confidence and make him comfortable.

Former GM Ray Shero tried to do that, and one of Rutherford’s priorities has been to ease the pressure weighing down on everyone, not just his goalie.

Fleury might be in a good place now. He might have a better chance to succeed under new coach Mike Johnston, if the Penguins’ new puck-possession style leads to fewer breakdowns, less defensive-zone time and less reliance on goaltending.

But would it be a good idea to extend Fleury in the near future? He has said repeatedly he loves the Penguins and wants to stay with them. He isn’t itching to leave. Why not see how the regular season and the playoffs go? He isn’t off to a good start – 3-2-0, 2.81 goals-against average, .906 save percentage – but it wouldn’t matter if he were.

It’s October. How will the Penguins feel in June?

THIRD PERIOD: Notes from around the NHL

— The NHL’s department of player safety has not suspended anyone since May 28, when the New York Rangers’ John Moore got two games for an illegal check to the head in the third round of the playoffs. Through the Stanley Cup Final, the preseason and the first 92 games of the regular season, nothing.

— There have been some borderline incidents. There have some warnings. But even if you think the DPS whiffed on, say, three should-have-been suspensions, that’s not many suspension-worthy incidents relative to this amount of time. This has been a quiet period. The question is whether it’s just a lull or further reflection that player behavior is changing.

— Johnny Boychuk returns to Boston on Thursday night. He had one goal and five points on the power play in 329 games with the Bruins before they traded him to the New York Islanders because of a salary-cap crunch. He has two goals and five points on the power play in six games with the Isles.

— This is another example of why the NHL needs to reevaluate the goalie-interference rule and how it is called: The Detroit Red Wings’ Pavel Datsyuk scored with a brilliant backhand shot Tuesday night, but it didn’t count because Montreal Canadiens goaltender Carey Price ran into the Wings’ Justin Abdelkader. Yes, Abdelkader impaired Price’s ability to move freely within his crease. By the letter of the law, good call. But Price was moving left to right when he made contact with Abdelkader, because that’s where he thought Datsyuk was going, and the puck went past him on the left. That’s as silly as disallowing a goal for having a foot in the crease when it has nothing to do with the play. And again, the referees must make a subjective call without a clear view of all the angles. Give them more discretion, and give them a chance to look at a replay when a puck goes into the net.

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