I agree that the time of the game shouldn't matter. If the game is on, you are fair game to get hit (legally).
The issue here is he hits Laine's head. You could argue Laine was down in a low position, but the league is generally trying to set the standard you can't follow through with a head shot even in that situation. I think he gets 1 game.
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A few weeks after crashing head-first into the boards (denting his helmet and being unable to move for a little while) following a hit from behind by Bob Errey, the Calgary Flames player explains:
"I was like Christ, lying on my back, with my arms outstretched, crucified"
-- Frank Musil - Early January 1994
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