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Hockey World Digests Strong Acquittals, What’s Next for Ex-Devils, Players?

What’s next for Michael McLeod and the four acquitted players that were part of the 2018 Hockey Canada sexual assault allegations?

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New Jersey Devils
New Jersey Devils' Michael McLeod watches during a break in an NHL hockey game, Thursday, Nov. 30, 2023, in Philadelphia. (AP Photo/Matt Slocum, File)

On Thursday, the hockey world watched as the five 2018 Hockey Canada members accused of sexual assault were one by one strongly acquitted by Judge Maria Caroccia. Ex-New Jersey Devils players, Michael McLeod and Cal Foote, as well as Carter Hart, Dillon Dubé, and Alex Formenton, were all determined not guilty of the allegations put forth by the accuser known as E.M., as the judge stated there was evidence of consent.



So, what’s next for the five former NHLers?

Read More: ‘NOT GUILTY’: Judge Blisters Prosecution, Evidence in Ex-Devils McLeod, Foote Sexual Assault Trial

Judge Caroccia dismantled the testimonies by E.M., citing inconsistencies in the complainant’s recollections of the events, deeming the evidence as not “credible or reliable.”

Now, The Crown has 30 days to appeal the decision made by Judge Caroccia. Crown attorney Meghan Cunningham stated outside the courthouse following the acquittals that they will “carefully review Justice Carroccia’s decision.”

Given Coroccia’s stinging remarks, an appeal is unlikely.

New Jersey Hockey Now reached out to the Devils for comment on potential reinstatement.

A Devils spokesperson responded, “That would be in the leagues hands as they were the ones who suspended them initially.”

The NHL later stated that the players are ineligible to return while the league reviews The Crown’s findings.

“We will be reviewing and considering the judge’s findings,” the statement read. “While we conduct that analysis and determine next steps, the players charged in this case are ineligible to play in the league.”

The NHLPA pushed back, stating the acquitted should have the opportunity to work.

“After missing more than a full season of their respective NHL careers, they should now have the opportunity to return to work. The NHL’s declaration that the Players are ‘ineligible’ to play pending its further analysis of the Court’s findings is inconsistent with the discipline procedures set forth in the CBA.

“We are addressing this dispute with the League and will have no further comment at this time.​”

However, the reality, whether you agree or not, is going to set in.

The five players who were all acquitted are still in their mid-20s. Certainly, NHL GMs were keeping close tabs on the trial, and perhaps there is a new influx of free agents.

For any of the players to sign, the NHL will need to reinstate them, perhaps as it did with Joel Quenneville before he was named head coach of the Anaheim Ducks in May. According to TSN Insider Chris Johnston and The Athletic’s Michael Russo, there is confirmed interest in signing some of the players who are now potential free agents.

After Michael McLeod departed the Devils in January 2024 on indefinite leave, he signed in the KHL with Barys Astana and later Avangard Omsk. Dillon Dubé followed McLeod to the KHL, while Cal Foote signed in Slovakia.

McLeod and Dube are players who spent multiple seasons in the NHL. Carter Hart is a former No.1 goaltender for the Philadelphia Flyers.

However, the NHL’s Collective Bargaining Agreement could present roadblocks to a swift return.

According to The Athletic, “The collective bargaining agreement affords NHL commissioner Gary Bettman considerable power to punish players for off-ice conduct deemed harmful to the league. That includes actions that don’t result in criminal convictions. Article 18-A grants Bettman the ability to expel, suspend, fine, or even cancel the contracts of players following a league investigation and hearing (where the player and NHL Players’ Association are permitted to present evidence, testimony, and argument in the player’s defense).”

After learning the details of the accusations, NHL Commissioner Gary Bettman stated the league would not comment while legal proceedings were underway. However, he followed that with, “What has been alleged is abhorrent, disgusting, and shouldn’t be tolerated.”

There are previous cases to draw reference from in terms of what might happen moving forward. Most recently, Mitchell Miller was renounced by the Boston Bruins after they signed him despite a bullying conviction. Slava Voynov served a one-year suspension from the NHL after domestic violence charges by his ex-wife were dismissed, and Jake Virtanen never returned to the NHL after he was found not guilty of sexual assault in 2022.

As opposed to the aforementioned who never returned to the NHL, Evander Kane remains an active NHLer despite facing allegations of his own. In 2021, Kane faced allegations of domestic violence, leading to an NHL investigation. No criminal charges were filed, but he was suspended for 21 games for violating COVID-19 protocols by submitting a fake vaccination card, which led to the termination of his contract with the San Jose Sharks in 2022.

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Gio

Poor Formenton got it the worst. Ottawa basically blackballed him & ruined his career. At least these guys only got a yr & a half suspension which is overly punished. I’m betting the league will wait on the appeal decision. If they’re still involved in legal proceedings/appeal the league won’t reinstate them. No appeal & they get reinstated

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