Daniel Brown, the lawyer for former Ottawa Senator Alex Formenton, made a statement to the media this week after his client was found not guilty of sexual assault charges. Formenton and four other members of the 2018 Canadian World Junior Team were accused of sexual assault by a then 20-year-old woman in a London, Ontario hotel room.
Brown said in his statement that London Police "got it right" when they first investigated this case seven years ago and decided then not to lay charges against Formenton. Brown asserts that it was political and media pressure that brought the case back into the spotlight, and the Crown Attorney knowingly forged ahead with a hopeless prosecution.
Here is Brown's full statement:
Alex Formenton was barely 18 years old, on the verge of a promising hockey career that came to a screeching halt on June 18th, 2018, after what was meant to be a night of celebration with coaches in two minutes.
For the last seven years, he's lived under a dark cloud.
The public now knows what Alex has always maintained, that he is completely innocent of this false allegation. But only after his case has erupted into a massively publicized social cause.
Alex's face has appeared on millions of screens and newspaper pages, and there can be little doubt that an untold number of people out there believed he was guilty simply because he was accused of a crime, long before any evidence was presented in court.
This rush to judgment, to believe the worst of people, is one of the most regrettable of human traits. So, too, is our reluctance to change that opinion, even when it's proven wrong, after a full and fair trial.
Notwithstanding, just as Justice Carroccia’s unequivocal exoneration of Alex today, there will inevitably be those who will still believe he committed a crime.
Nobody in room 209 that night has emerged unscarred from this event. The criminal court process is a bruising experience for everyone, but never more than when a case's high profile incorporates such high stakes.
In Alex's case, he was condemned and felt banished from society. This experience for him has been crushing. Nonetheless, the impact of this case has changed Alex as a person, and he's matured well beyond his years.
It is inevitable that some people will not forgive Alex for what he was accused of doing. Others, however, will understand that this tragic matter rightly comes to an end today.
Alex has never minimized his role in the sexual encounter, or denied engaging in consensual sexual activity with the complainant. He fully cooperated with the police investigation, and provided investigators with a complete account of his behavior back in 2018.
Alex's narrative isn't conjecture. His police statement was corroborated at trial by several crown witnesses, by video evidence, and was even supported in large measure by the complainant’s evidence herself.
Even Justice Carroccia said today that she accepted that Alex told the truth in that police statement. And while no police investigation is perfect, the London police got it right seven years ago when they decided it would be a mistake to charge Alex.
The evidence always demonstrated that he didn't commit a sexual assault. However, political and media pressure brought this allegation back into the spotlight in 2022, and the Crown Attorney knowingly forged ahead with a hopeless prosecution.
Besides the human toll on everyone involved, this lengthy legal process exhausted valuable resources that could have been deployed elsewhere in the justice system, but were lost here.
Alex, his family, and his defense team are grateful to Justice Carroccia for her careful consideration of all the evidence that was presented at this trial. She's reached a just and correct verdict that must be respected.
Nobody disputes that sexual assault is a terrible societal plague, and Alex sincerely hopes that this prosecution doesn't stop the quest to combat sexual violence and to bring genuine offenders to justice.
However, an accusation is just that, an accusation. This case stands to the fact that we must never lose sight of the fundamental right to be presumed innocent. Now more than ever before, a fair response to sexual assault claims requires a balanced perspective and public trust in the decision-making of the courts.
Anything less only harms the justice system and the cause of eliminating sexual violence.
The complainant's lawyer, Karen Bellehumeur, said on Thursday her client was very disappointed with the judge's evaluation of the evidence, which the judge described as not credible or reliable.
"When a person summons the courage to disclose their story, the worst possible outcome is to feel disbelieved. It's a gutting experience that no one deserves. That's why today's verdict is so devastating. E.M. did everything in her power to recount her experience honestly and to the best of her ability.
"She agreed to do everything asked of her by the criminal justice system. She spoke to the police whenever requested, she reviewed her evidence, she prepared her testimony, she answered every question, she spoke with intelligence and from her heart.
"Yet it was not enough."
It's not clear yet whether Formenton will now attempt to resume a pro hockey career. The 26-year-old is an RFA whose playing rights are still held by the Senators. The CBC reported that there are court documents that indicate Formenton has embarked on a career in construction and has moved on from hockey. Whether his acquittal alters those plans remains to be seen.
If he does decide to return to hockey, he could return to play professionally in Switzerland, where he spent parts of two recent seasons, or somewhere else in Europe, but the NHL says all five players remain ineligible to play in their league until they can thoroughly review the judge's findings.
The NHL Players' Association (NHLPA) has issued a statement saying that Formenton, Dillon Dubé, Cal Foote, Carter Hart, and Michael McLeod should be ruled eligible to play, particularly after they’ve already missed more than a full season. The union also raised concerns that the findings could be inconsistent with the disciplinary procedures outlined in the Collective Bargaining Agreement (CBA).
By Steve Warne
The Hockey News Ottawa
This article orginally appeared at The Hockey News Ottawa, where you'll find all the latest Senators news:
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