In what many would call a shocking turn of events, the case against Nick Cousins, Andrew Fritsch and Mark Petaccio were dismissed based on several conditions.
All three players have agreed to keep the peace, not communicate with the alleged victim or come within 500 metres of her home, place of work or place of school. The conditional dismissal has lead to some community members speculating on how the Court could arrive at such a decision. Some are saying that the athletes have received preferential treatment from the Court, and some are saying that the alleged victim did not want any more publicity of a trial.
A conditional dismissal of this type is very unusual. In fact it is almost unheard of. Typically a case is dismissed with or without prejudice. With prejudice does not allow for charges to be brought again at another time, and without prejudice can allow for charges to be brought again at another time.
With the dismissal though, Cousins is now expected to be able to receive a work visa to come to the United States and finish the AHL season with the Glenns Falls Phantoms, the affiliate of the Philadelphia Flyers. Cousins is expected to arrive in Glenns Falls within the next few days. Had the charges not been dismissed, it is likely that he would have been denied a visa to work in the United States until the case was resolved.
Innocent until proven guilty. Nick Cousins is by law considered not guilty and so are Andrew Fritsch and Mark Petaccio. These young men will now be able to move on in life. The alleged victim should also be able to start moving forward once again.
As the three men left the court room today, there was no joy, only the sense that this community could now begin to move on from a cased that divided many.
