Patrick Kane Under Investigation - Alleged Rape

[sweep the leg]

I can't see LA being able to get away with it, especially when they didn't do it to a guy convicted of something worse. It's way too transparent what they're trying to do with Richards.

[The Unknown Poster]

Seems like the heat is on the NHL for having a double standard for RIchards and Voynov.  Gee one guy is over-paid and his contract is an albatross...oh look, we can terminate his contract over a reasonably minor infraction of which he has yet to be convicted.  The other guy, brutally assaults his wife, is convicted, goes to jail and is kept under contract and the NHL even provides the team with Cap relief. 

 

On a side note, here is an update on Voynov:

 

He has been accused of choking, kicking, and punching his wife, Marta Varlamova, and it was even said the he threw her into a TV,^[11] however, according to TMZ, his wife has since written a letter assuming the blame for the entire incident and requested that Voynov not be charged.^[12]

 

On July 2, 2015, Voynov pleaded no contest to the charges against him and was sentenced to 90 days in jail. He received three years probation.

 

Oh and he's not in custody of immigration and might be deported.  It was his wife's fault that he choked, kicked, punched her.  Uh huh.

 

By the way, here is the NHL's rules on suspending players:

 

Under section 18-A.5, "The league may suspend the player pending the league's formal review and disposition of the matter where 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."

 

This allows them to suspend a player regardless of formal charges.  If the Grand Jury doesnt reconvene until October, takes at least a couple of weeks to hear testimony and reach a verdict and then X amount of time for the DA to review the decision, we're well into the season.  I cant imagine the NHL would let Kane start the season with an on-going investigation.

 

The other possibility is the victim suddenly decides after *ahem* meeting with Kane's lawyers that she no longer wishes to proceed, prompting the DA to suspend the investigation.  That would be a nasty stink on the player and the league.

[The Unknown Poster]

http://www.chicagotribune.com/news/ct-patrick-kane-met-20150916-story.html

 

Even as Patrick Kane prepares for preseason training camp, his lawyers are working to reach a resolution with the woman who has accused the Blackhawks star of sexual assault, according to sources familiar with the case.

 

Attorneys for the parties have been in communication for weeks, though they had not reached a formal agreement by Wednesday afternoon that would potentially end the criminal investigation. To the contrary, the sources, who spoke on the condition of anonymity, described a fluid situation in which both Kane and his accuser have refused at times to acquiesce because they both view themselves as the wronged party.

Haugh: Kane, Blackhawks should await grand jury result before taking ice

 

"Each of them has threatened to walk away and just let the justice system take care of it," one source said. "They both say the truth is on their side."

As the fragile talks continue, the criminal investigation will be at the forefront of the Blackhawks preseason, which opens Friday with a three-day camp at the University of Notre Dame. The team and Kane's agent, Pat Brisson, said Kane is expected to attend the public event, where he's likely to face a crush of reporters for the first time since a woman accused him of sexually assaulting her last month at his offseason home outside Buffalo.

 

At the same time, western New York prosecutors will be preparing to take the criminal case to a grand jury later this month. Kane attorney Paul Cambria has confirmed the upcoming proceedings but said he had not been given any specific dates for when evidence will be presented.

 

The Erie County district attorney's office postponed grand jury proceedings last week, a move that raised questions about the direction of the high-profile criminal investigation of the Blackhawks winger. Before the last-minute delay, Kane's accuser and a friend who was with her at Kane's lakefront home in the town of Hamburg on the night of the alleged incident had been scheduled to appear.

Patrick Kane expected to attend Blackhawks training camp this week

 

The decision to reschedule the proceedings was made by prosecutors, and the sources said it did not come at either Kane's or his accuser's request. Kane's accuser continues to cooperate with the criminal investigation and has hired an attorney who specializes in personal injury cases, in addition to the defense attorney who has been guiding her through that criminal investigation, sources said.

 

Neither of those attorneys could be reached for comment.

 

Kane, 26, has kept a low profile over the past seven weeks. Social media has been largely devoid of Kane sightings and he has made no public appearances since the investigation began, though neighbors have spotted him working out in the yard of his lakefront mansion.

 

On Wednesday night, Cambria said there are no "settlement" talks. He has declined to discuss the case, but he has addressed Kane's return to hockey.

 

"Obviously Patrick would like to be on the ice playing hockey, have this all be put behind him," Cambria told the Tribune on Tuesday. "That's the goal. That's what we're all working toward."

 

That work, at times, has included the consideration of a civil resolution and the various entanglements associated with one. While such an agreement could spare both sides the possibility of a trial, it also could leave the public to make its own judgments about Kane, his 21-year-old accuser and the justice system.

 

Settlements typically include clauses that would prohibit accusers from voluntarily cooperating with the investigation, according to legal experts. The standard clause, however, would not bar prosecutors from continuing with their case or prevent the woman from answering questions under oath if prosecutors took the rare step of proceeding without her cooperation.

 

For Kane's accuser, a settlement may spare her a protracted legal process in which she could face intense public scrutiny without any guarantee about the outcome. An agreement also would allow her to maintain her relative anonymity.

 

Kane has much to protect as the investigation continues, as well. If indicted, he could face a suspension and possibly see his entire $84 million contract voided. If convicted, he could face prison time and a premature end to a career that has included three Stanley Cup championships.

 

"For Pat Kane, there is no downside to a settlement," said Alan Bedenko, a civil litigation attorney in Buffalo who is not affiliated with the case. "For the accuser, there are some upsides too. She doesn't have to relive this again and again in court. Once it's done, it's done."

 

Other athletes and their accusers have used similar legal strategies in recent years, employing confidential settlements to resolve sexual assault allegations. And none of their careers have been irrevocably harmed by the out-of-court agreements.

 

Los Angeles Lakers star Kobe Bryant weighed the risks after being charged with sexual assault in Colorado in 2003. He was indicted on charges that he raped a hotel employee in his room the night before he was scheduled to have knee surgery.

 

Prosecutors later dropped the case after the woman said she would no longer testify. A lawsuit filed by the woman was settled, though no terms were released. Bryant did not admit any guilt, but he publicly apologized and said he believed the sex was consensual — though he acknowledged the woman might not have.

 

Bryant went on to win two more NBA championships and currently ranks 10th on the Forbes list of the world's highest-paid athletes with endorsement deals estimated at $26 million.

 

Pittsburgh Steelers quarterback Ben Roethlisberger has twice been accused of sexual assault, although neither instance led to criminal charges. The first allegation, from 2008, led to an out-of-court settlement with his accuser. After the second allegation, in 2010, the NFL conducted its own investigation. Roethlisberger was suspended for six games, which was later reduced to four games.

 

In March, Roethlisberger signed a four-year, $87.4 million deal with the Steelers, making him one of the NFL's highest-paid players.

 

And in the NHL, Nashville Predators center Mike Riberio settled a lawsuit in July after his family's former nanny accused him of sexual assault. He was never charged with any wrongdoing and did not face any disciplinary action from the league. The Predators signed him to a two-year, $7 million deal just days before the settlement was reached.

 

"The public perception is the rich athlete gets to buy his way out of a serious crime, whereas you and I would have to go to jail," former Erie County District Attorney

Frank Clark said of the outcomes of such cases. "The public perception is very negative."

 

In New York, a civil settlement cannot prohibit someone from testifying at trial because it would amount to paying off a witness. Yet the agreements often are worded to prevent the parties from voluntarily discussing the allegation with authorities, though they still could be compelled to testify.

 

Therein lies the problem for prosecutors: Sexual assault cases often hinge on the accuser's testimony and credibility. If an accuser appears reluctant or waffles on testimony, it could be difficult to persuade jurors to convict. And by proceeding with the case, prosecutors risk forcing the accuser to unwillingly relive an alleged sexual assault.

 

"It would be very difficult to move forward without the victim's cooperation," said Michael J. Hutter, a professor at Albany Law School in upstate New York. "It really comes down to a judgment call for the district attorney."

 

Erie County District Attorney Frank Sedita has repeatedly declined to comment on the Kane case.

[The Unknown Poster]

I bet there are many people out there who committed assault that, once caught, wish they were rich enough to buy their way out of trouble.

[The Unknown Poster]

Sara Orlesky        ✔ @saraorlesky

John McDonough confirms that Patrick Kane will join Blackhawks for training camp

 

Keith McCullough @reporterKeith

I am shocked the Hawks even opened it up to questions for Patrick Kane, not surprised in any way that he wouldn't answer any.

 

Chris Kuc @ChrisKuc

I'm not sure what I'm watching. And I'm about 10 feet from it. #Blackhawks

 

Arash Madani @ArashMadani

You know who probably doesn't "appreciate" this whole Blackhawks song and dance? The (alleged) victim in this. That whole scene is a joke.

 

Keith McCullough @reporterKeith

This whole news conference is bad, bad look for the Blackhawks. Going over like a lead balloon.

 

Arash Madani @ArashMadani

Patrick Kane, English major: "I am confident that once all the facts are brought to light, I will be absolved of having done nothing wrong."

 

 

****When will sports teams learn not to get into these sorts of scenarios.  Whats next, the victim appears at a Blackhawks presser to accept her role in the assault?

[FrostyWinnipeg]

In my best Nick Cage voice, "Settlement...it's like pleading guilty...but not!"

 

Arash Madani @ArashMadani

Patrick Kane, English major: "I am confident that once all the facts are brought to light, I will be absolved of having done nothing wrong."

What he really meant - "I am confident that once all the facts are hidden from public view, I will be absolved of having done nothing wrong."

[The Unknown Poster]

In my best Nick Cage voice, "Settlement...it's like pleading guilty...but not!"

 

Arash Madani @ArashMadani

Patrick Kane, English major: "I am confident that once all the facts are brought to light, I will be absolved of having done nothing wrong."

What he really meant - "I am confident that once all the facts are hidden from public view, I will be absolved of having done nothing wrong."

I am totally for the idea of innocent until proven guilty and I agree that Kane has no obligation to remove himself from the Blackhawks right now and the Blackhawks have no obligation to suspend him.  But this is pretty serious.  Going to a Grand Jury...

 

There intriguing aspect is that the DA suspended the Grand Jury once and it appeared to be because Kane's lawyers were negotiating with the victim. 

 

You cant really begrudge the victim from accepting a settlement as opposed to putting herself through a trial either.  But a settlement does not preclude the DA from going to trial anyway and the victim cannot refuse to answer questions on the stand even if she signed a non-disclosure. 

 

I guess the optics are pretty bad when you have the player's side admitting they are talking settlement with an alleged victim of rape while the player (supposedly) holds back a smirk at a presser when asked if he'll stop drinking.

[sweep the leg]

In my best Nick Cage voice, "Settlement...it's like pleading guilty...but not!"

 

Arash Madani @ArashMadani

Patrick Kane, English major: "I am confident that once all the facts are brought to light, I will be absolved of having done nothing wrong."

What he really meant - "I am confident that once all the facts are hidden from public view, I will be absolved of having done nothing wrong."

"absolved of having done nothing wrong" means he did something wrong. It's like a double negative. He should have said "absolved of wrongdoing". That's what Madani was pointing out.

[The Unknown Poster]

 

In my best Nick Cage voice, "Settlement...it's like pleading guilty...but not!"

 

Arash Madani @ArashMadani

Patrick Kane, English major: "I am confident that once all the facts are brought to light, I will be absolved of having done nothing wrong."

What he really meant - "I am confident that once all the facts are hidden from public view, I will be absolved of having done nothing wrong."

"absolved of having done nothing wrong" means he did something wrong. It's like a double negative. He should have said "absolved of wrongdoing". That's what Madani was pointing out.

 

When I heard his statement I thought it was truly bizarre.  Did he just mis-read it?  Surely his statement was vetted by lawyers.  That was a very odd remark.  Freudian slip?

 

Public opinion being what it is, and we all speculate based on having almost no knowledge, but this sounds like one of those "where there's smoke, there's fire" scenarios.  Being an immature drunk doesnt help his case either.

[The Unknown Poster]

Winnipeg Sun

 

Tests from a rape kit lack DNA evidence from Chicago Blackhawks star Patrick Kane to confirm a woman's allegations against him, the Buffalo News reported.

Four sources familiar with the case told the newspaper Saturday that there is no DNA evidence in the accuser's genital area or her undergarments.

Kane, 26, is accused of sexually assaulting a woman in August at his offseason home near Buffalo, N.Y. He has not been charged in the case. The Erie County district attorney's office delayed grand jury proceedings recently.

Kane addressed his ongoing legal issues Thursday when he reported to the team's training camp at the University of Notre Dame in South Bend, Ind.

"This has been an incredibly difficult time for many people," Kane said in his first public comments since police began investigating the allegations. "I cannot apologize enough for the distraction this has caused my family, my teammates, this incredible organization and, of course, our fans. While I have too much respect for the legal process to comment on an ongoing matter, I am confident that once all the facts are brought to light, I will be absolved of having done nothing wrong."

Sources told the Buffalo News that Kane's DNA was found on the accuser's fingernails and shoulders, but those sources said the DNA evidence could have occurred from casual contact.

Sources told the newspaper that settlement talks were ongoing between the two sides, but Kane's attorney, Paul Cambria, had previously denied any settlement talks.

Kane has helped lead the Blackhawks three Stanley Cup championships in the past six seasons and has scored 205 goals in eight NHL seasons. He signed an eight-year, $84 million contract extension in 2014.

[The Unknown Poster]

That certainly complicates things and explains why the DA would back off while Kane and the accuser were negotiating.  To them, if she backed out, it would be difficult to proceed.  If they had DNA, they could proceed even without her cooperation. 

 

And it also explains the reports that Kane walked away from negotiations at one point.  Probably weighing the pay off versus a trial.  And...explains the Blackhawks' actions, being told "there is no DNA".

 

I wouldnt be so quick to embrace Kane though, if I were them.  Even without DNA, it doesnt clear him and a victim on the witness stand can be compelling to a jury, especially considering Kane's poor judgement in the past.

[Atomic]

It doesn't clear him at all but it certainly makes it far more difficult to convict him.

 

At this point it is simply his word against hers.

[The Unknown Poster]

It doesn't clear him at all but it certainly makes it far more difficult to convict him.

 

At this point it is simply his word against hers.

Yup.  There might be some other circumstantial evidence.  Her immediately calling for help, going to the ER etc...that would be evidence in her favour.  Any witnesses to her or his actions (and reportedly her friend was with her) before, during, after would be used.

 

The fact the DA went to a Grand Jury is interesting.  Im not as familar with US law ofcourse, but if the police responded to a claim and found no evidence, couldnt they simply choose to not proceed?  Then it gets sent to the DA and they could choose not to proceed.  A Grand Jury almost certainly returns an indictment.  So...I would suspect the DA believes the victim's account but doesnt have enough evidence to proceed without her. 

 

So it probably comes down to whether Kane is willing to pay her off or not.

 

 

Edit: Also, lack of DNA from the rape kit doesnt mean an examination found nothing.  There could be other physical evidence that support her accusation.

[The Unknown Poster]

Wow

@JennSchanz4: Thomas Eoannou says rape kit of alleged #Kane victim anonymously delivered to her mother's home. Bag ripped open. http://t.co/uVaS7uqlGn

@Proteautype: @delasam Alleged victim's lawyer is saying the rape kit in the Kane case was anonymously delivered to her home. Disgraceful.

@MarkLazerus: Eoannou says the "victim bashing" has been "atoricious" and "devastating" to the accuser. "Worst example of victim-bashing that I've seen."

[The Unknown Poster]

@bruce_arthur: The alleged victim's defence unit says they should call in the FBi or the State Troopers to investigate. In other words, not Buffalo PD.

@TylerGreenDC: @bruce_arthur A local cop was Kane's chauffeur that night. How were they EVER involved?!

@nrarmour: Horrifying to hear Kane accuser atty say rape kit bag, including IDg info, tampered with, left at accuser's house.

@RegressedPDO: Long story short: victim's attorney is saying there is a strong case for deliberate evidence tampering. #Kane

@saraorlesky: Shocked. Speechless. Appalled. https://t.co/5vSK6l3N5R

[The Unknown Poster]

This is unbelievable.  Sickening. 

 

The Blackhawks look even more idiotic today then at that presser a week ago.  They have a big problem on their hands.  If Kane is actually innocent, he has a lot of friends that are pretty stupid if they think they were helping him by tampering with evidence and trying to intimidate the accuser.  What a disgrace. 

[The Unknown Poster]

Sorry for all the edits. Very fluid story. Trying to keep up with news and opinion online

More:

@CBCAlerts: Lawyer for US woman accusing #NHL's #PatrickKane of sex assault says rape kit mailed to mother of victim. By law, kit must be kept for case.

@JoNana: From the medical point of view: A specially trained team of nurses gather evidence from rape victims. http://t.co/5tYQMx3Ih2

@JoNana: They are champions of integrity, caring, and professionalism. This may impact the trust that victims feel they can place in those nurses.

@EricOnSportsLaw: In 5 years of covering sports law,I have never once been shocked. Gravely disappointed and disgusted at times but not shocked.

Until today.

@bruce_arthur: Patrick Kane is at camp. He was cheered by the fans when he stepped on the ice. This is all sickening.

@bruce_arthur: Patrick Kane is at camp. He was cheered by the fans when he stepped on the ice. This is all sickening.

@bruce_arthur: And whoever leaked that information ... well, the Buffalo News should be putting together some dots right now, maybe.

@StacyStClair: "If you're looking for a sure-fire way to scuttle a prosecution, you tamper with evidence," attorney for Patrick Kane accuser says

@Proteautype: It'll be fascinating seeing the NHL try to maintain its stance on Kane. There was no question he shouldn't be at camp. This underscores why.

@ShawnMcKenzieSN: Thomas Eoannou, the accusers lawyer said he is the last lawyer to go to in order to settle a civil case.

@ShawnMcKenzieSN: The DA has not yet confirmed that the ripped open bag is the official rape kit evidence bag but they are allegedly looking into it.

@ShawnMcKenzieSN: The evidence bag according to the lawyer was allegedly ripped open and left on the accusers Mothers doorstep.

@ShawnMcKenzieSN: Thomas Eoannou "God knows what has happened to the evidence". "We need to bring in the FBI or State Troopers."

@ShawnMcKenzieSN: The lawyers of Patrick Kane's accuser were not sure the message behind the evidence bag. Said it could be a Good Samaritan alerting them.

@RegressedPDO: Others have said this but want to echo it: the evidence bag being delivered to victim's mom could be intimidation or whistle-blowing #Kane

@sproudfoot: @Aportzline Victim's lawyer just called the person who dropped the envelope a "good Samaritan."

@RegressedPDO: If the bag was not delivered to the mom, they would not have any hard proof of evidence tampering so I'm guessing it's whistle-blowing #Kane

@RegressedPDO: Regardless of the intent in delivering the evidence bag, this police department just landed itself in very hot water. #Kane

@erikkosman: @regressedpdo I'd like to know the source behind the leak who purported to know the DNA results, would be very telling

@ByTimGraham: A major development that would seem to influence entire case. Also states for record not interested in settlement. https://t.co/VtLMAhdpox

Julie DiCaro ✔ @JulieDiCaro

Every time a rape kit is removed or transferred, it should be documented by the person in custody on paper.

Julie DiCaro ✔ @JulieDiCaro

And whether the kit is opened should also be documented. So finding it on the front step of the accuser's mother is beyond crazy.

Julie DiCaro ✔ @JulieDiCaro

After all the evidence is tested, the kit gets sealed, and then is usually only opened again by the DA at trial.

@ThomasDrance: Blackhawks told the press last week that they consulted with Kane's legal team before making the decision to have him at training camp.

Summary of many Hawks fans:

@Enrico056: @88PKane @NHLBlackhawks He is INNOCENT! There is ABSOLUTELY no doubt. This is all about the money. Tuff it out #Kane http://t.co/1NbZdoCJZm

[The Unknown Poster]

Toronto Sun:

 

BUFFALO - The alleged victim's lawyer, Thomas J. Eoaninou, just spoke to the media in Buffalo.

Below are a few important details revealed by Eoaninou.

Full story to come.

 

• Eoaninou said the evidence bag holding the victim's rap kit was delivered to the victim's mother's house recently.
• The evidence bag was dropped off anonymously, he said. It had been ripped open and had no contents inside.
• Eoaninou said he wants whoever dropped off the evidence bag to come forward with more information.
• "This is a significant development in this case. We need to bring in the FBI or State Troopers," Eoaninou said, referring to his disgust with how the case has been handled locally.
• Holding up the bag, Eoaninou showed the media its markings: "That is the evidence sticker. That is the evidence bag. We confirmed it through the hospital today ... this is no hoax.”
• Asked about Kane's recent denial of any wrongdoing, Eoaninou said Kane is "entitled to his opinion."
• Eoaninou on how the public has treated the case: "This is the worst example of victim bashing that I have seen."

[The Unknown Poster]

@StacyStClair: Patrick Kane atty Paul Cambria downplays the bag’s significance, says tests already show there was no Kane DNA found below accuser's waist.

[Noeller]

man this is so ****** up....

[The Unknown Poster]

Here's the definition of tone deaf:

@reporterchris: NHL deputy commissioner Bill Daly says Patrick Kane's playing status remains unchanged. He's still in camp with the #blackhawks.

And another:

@Lahlahlindsey: Is Kane’s attorney conducting this press conference with a Hustler Magazine mug in the background? http://t.co/usvmf6MG7V

[The Unknown Poster]

@bruce_arthur: Lord RT @StacyStClair: Patrick Kane atty says that only someone "unhappy with the results" of DNA testing would tamper with evidence.

[bustamente]

Clearly when you have money you are above the law. It happens everyday in corporate america and is happening more and more in sports. I'm not saying it's right but Kane's lawyers job is to do everything and i mean anything they can to keep him out of jail, after all you don't get 10 million dollars a year in jail. Not the first time he's been in trouble and won't be the last, as for the hawks it was a bonehead move to put him in front of the camera they should have known better.

[The Unknown Poster]

Its pretty crazy developments.

 

Multiple possibilities though.

 

I've seen people say someone friendly with the accuser tampered with the kit.  Like come on...

 

Then Kane's lawyer said no one on their side would do it because it prevents them from doing their own secondary testing.  Yeah but you'd only do your own testing if the state's findings incriminated Kane and now the results are in question.

 

Hopefully this was some sick hoax.  But it sure seems fishy.  And calls the whole evidential chain into question. 

 

Not sure how the Hawks can keep Kane around after this.  Its a circus. 

[The Unknown Poster]

@news4buffalo: #BreakingNews: Erie Co. Commissioner of Central Police Services says all evidence in #Kane case is accounted for in its original packaging

Freakin weird