Patrick Kane Under Investigation - Alleged Rape

[The Unknown Poster]

The porn lawyer wants the case tossed

@SportsCentre: Kane's lawyer Paul Cambria: Case "completely undermined, tainted" by "fabricated" evidence claims, wants it stopped. http://t.co/coyMAhT2jH

[The Unknown Poster]

@EricOnSportsLaw: DA will need to decide if case still goes to grand jury - function of GJ is decide whether Kane is formally charged https://t.co/vvtcJwpqzl

[The Unknown Poster]

@frank_seravalli: Erie County district attorney Frank A. Sedita III set to address Patrick Kane investigation now.

@frank_seravalli: Sedita says the Kane investigation is ongoing.

@bruce_arthur: DA Frank Sedita says the Kane case is "ongoing." This press conference is about re-establishing the integrity of the investigation process.

@ByTimGraham: Sedita says the bag in question is not a rape-kit evidence bag. He now shows to the media a rape kit box that "doesn't require a bag."

@frank_seravalli: DA Frank Sedita says rape kits in Erie County are "not placed in bags," and the "rape kit in question was not placed in a bag."

@frank_seravalli: DA Sedita walking through chain of custody for evidence with use of video, showing detectives sealing and storing the boxed raped kit.

@frank_seravalli: As to the brown paper bag: DA says nurse provided it to the mother of accuser for collection of another piece of clothing.

@SportsCentre: Erie County D.A. Sedita: "The rape kit bag (in question) did not come from Hamburg Police Department."

@SportsCentre: Erie County D.A. Sedita: "The rape kit was never in any kind of bag...and has never left the custody of the lab."

@frank_seravalli: DA says as it stands, the accuser's mother did not break law by making false statement to a private individual, since it wasn't under oath.

@JulieDiCaro: Sedita: Mother's statement that she found bag on front doorstep is untrue.

@frank_seravalli: "We believe the complainant's mother has engaged in an elaborate hoax," Erie County DA Frank Sedita.

@JulieDiCaro: DA Sedita: Investigation into rape allegations is on-going. He will have no comment on that case.

@JulieDiCaro: Sedita: Rape kit was taken by SANE nurst at 11:39. Now going through chain of custody of all times kit was sealed and unsealed for testing

@JulieDiCaro: Accuser's texts show she repeatedly wanted to leave Kane's residence even before alleged rape. Friend didn't want to leave -- source

@JulieDiCaro: Source also says Kane approached accuser at bar (she didn't know who he was) and told her party was at his house. No party when she arrived.

@JulieDiCaro: Source says rape kit exam of Kane accuser was cut short because of problems with equipment. Could explain lack of DNA.

@JulieDiCaro: "Friend" reluctant to testify in Kane investigation has always been reluctant to testify. She's 19 & wasn't supposed to be in bar - Source

@JulieDiCaro: Sedita says he doesn't know anything about witness being reluctant to testify in Kane investigation.

@JulieDiCaro: I do know that accuser's mother offered to take a polygraph by Sedita declined.

@JulieDiCaro: Sedita: Not normal practice to give evidence bag to the civilians. Police showed up to collect bag and didn't need brown hospital bag.

@frank_seravalli: DA Sedita says is not allowed to comment on the results of the examination of tests.

@janesports: Question: So why on earth would a mother potentially undermine her own daughter's criminal investigation with this apparent misdirection?

[Goalie]

GONG

[bigg jay]

 

It's a really tough situation because while everyone wants to look out for a potentially innocent girl, what about if it's Kane that's innocent and someone's taking advantage of him?? Why is there no outrage over this?

That's what law enforcement and the court system are for.

 

There's a girl who went straight to the hospital after the alleged attack vs a guy with a history a being a drunken asshat. It's not surprising the public isn't fully on board with believing in his innocence.

 

 

Apparently not.  The story keeps changing.

 

Julie DiCaro        ✔ @JulieDiCaro

Sedita: Accuser changed her top at mother's home before she went to hospital for rape kit.

[The Unknown Poster]

 

 

It's a really tough situation because while everyone wants to look out for a potentially innocent girl, what about if it's Kane that's innocent and someone's taking advantage of him?? Why is there no outrage over this?

That's what law enforcement and the court system are for.

 

There's a girl who went straight to the hospital after the alleged attack vs a guy with a history a being a drunken asshat. It's not surprising the public isn't fully on board with believing in his innocence.

 

 

Apparently not.  The story keeps changing.

 

Julie DiCaro        ✔ @JulieDiCaro

Sedita: Accuser changed her top at mother's home before she went to hospital for rape kit.

 

Yeah true.  Maybe splitting hairs a bit.  I think they said rape kit was 11:30 am.  So she went home, changed her top, went to hospital.  Its not like she waited five days.  It was within the aftermath of whatever happened.

 

The more actual detail that comes out, the more I think, it supports the woman's credibility.  But the mother is shot.  She needs to throw herself on the sword.  She cant even testify.  She's tainted.  She has to remove herself and not taint her daughter.

[bigg jay]

You're right, the mother is tainted, and that's the potential problem I see with the timeline.  It says she went to her mother's house not her own (she may live there too though so who knows if it's just poor wording) and anything to do with the mother now has to be scrutinized. 

[The Unknown Poster]

Let's try to piece this together, if for no other reason than it's rather unwieldy at present.  Some new information today though

 

Kane approached accuser at bar (important distinction).  She didnt know him (allgedly)

 

Kane says the party continues at his place.  Accuser and friend go to Kane's home.  No party.

 

Accuser wants to leave (apparently repeatedly texted this to her friend).  Friend did not want to leave.

 

Kane and accuser end up alone and accuser says he forced himself on her.

 

Accuser immediately calls...someone, I cant recall if it was said who she called.

 

Accuser goes home.  Changes top.  Time line is not clear.

 

Accuser then goes to hospital for rape kit.

 

Police investigate and hand off to DA.  DA assembles Grand Jury.

 

DA postpones Grand Jury for no given reason.  Speculation is Kane and accuser are negotiating settlement.

 

Settlement talks allegedly break down.

 

Kane attends training camp, claims innocence.

 

DNA results leak indicating no DNA from Kane found, but DNA from "multiple males" found. 

 

Accuser's lawyer announced evidence bag found on mother's door step, indicative of tampering, says not seeking settlement

 

Accuser lawyer resigns from case, says mother lied, but evidence bag is legit.

 

Accuser lawyer maintains he believes the accuser

 

DA says bag was not from rape kit.  Was given to mother by nurse, presumably to bag the top.

 

DA says case ongoing.

 

Source leaks that friend is reluctant to testify because she's underage (weird reason and she can be compelled so doesnt make sense).

 

What else?  And what does this tell us?  Not much

[Noeller]

The one chick was really into Kane and didn't wanna leave....Kane doesn't want that chick, and instead goes for the chick that didn't wanna be there at all.....I'm curious about that part. 

[bigg jay]

The part about Kane approaching her caught my eye because I remembered this from when the story 1st broke:

 

SkyBar’s owner, Mark Croce, told The Buffalo News on Saturday night that he has no way of knowing what happened between the woman and Kane at Kane’s home. He said he only knows Kane casually and has never been to his home.  But Croce told The News that he and several of his employees noticed a young woman “hanging all over” Kane at SkyBar for at least two hours that night, putting her hands on his arms and “being very forward, very flirtatious with him.” He said he does not know the woman and does not know her name.

“It was almost like she stationed herself near him and was keeping other women away from him,”

[Atomic]

 

The part about Kane approaching her caught my eye because I remembered this from when the story 1st broke:

 

SkyBar’s owner, Mark Croce, told The Buffalo News on Saturday night that he has no way of knowing what happened between the woman and Kane at Kane’s home. He said he only knows Kane casually and has never been to his home.  But Croce told The News that he and several of his employees noticed a young woman “hanging all over” Kane at SkyBar for at least two hours that night, putting her hands on his arms and “being very forward, very flirtatious with him.” He said he does not know the woman and does not know her name.

“It was almost like she stationed herself near him and was keeping other women away from him,”

 

 

Apparently the girl from that story is the friend of the accuser, not the accuser herself.

[bigg jay]

Makes sense... the owner did state that he wasn't sure if it was the same girl but he just kind of assumed it was based on what he saw at the bar.

[Atomic]

My overall impression based on everything that's gone down is that something inappropriate happened between Kane and this girl, whether it was rape or some other sexual assault... who knows.  But I also believe that Kane will never be convicted and pretty sure he will never even be charged.

 

Really just an awful situation.

[The Unknown Poster]

You're right, the mother is tainted, and that's the potential problem I see with the timeline.  It says she went to her mother's house not her own (she may live there too though so who knows if it's just poor wording) and anything to do with the mother now has to be scrutinized. 

 

True but is the implication the mother orchestrated a shake down?  Im not sure she had the time.

[The Unknown Poster]

My overall impression based on everything that's gone down is that something inappropriate happened between Kane and this girl, whether it was rape or some other sexual assault... who knows.  But I also believe that Kane will never be convicted and pretty sure he will never even be charged.

 

Really just an awful situation.

Yeah I get that same impression.  We cant be sure.  This is all speculation but it makes little sense for the woman to have targeted Kane for a payday.  Especially with the information that she didnt know him and wanted to leave.  Something happened.  Its possible Kane interprets it completely different.  Its possible he was so drunk he barely remembers.  Who knows.

[FrostyWinnipeg]

Have to wonder what the Jets would do. Ribeiro still with the Predators after settling his case out of court.

[The Unknown Poster]

gary lawless        ✔ @garylawless

we shouldn't have rushed to judgement on Kane's guilt, we shouldn't now rush to judgement on innocence. too much discourse is agenda driven

 

 

Gary is right ofcourse.  But quite frankly, if Andrew Ladd was under the same investigation, I would want the Jets to send him home.  And I'd want the police and the crown to act accordingly under these circumstances.  ie. If the accusation is ridiculous, swiftly deem it as such.  And I wouldnt have a problem if Mark Chipman privately told Ladd the team stood behind until the outcome.  But I think you have to err on the side of being very careful in cases like this.

 

Part of the problem is the DA postponing the Grand Jury.  This isnt swift.  Get it done and either charge him or announce there will be no charges and everyone moves on.  If there is not enough evidence to proceed criminally, the accuser is able to seek a civil remedy.  if there is enough evidence, charge him so we can stop beating around the bush.  Grand Jury's usually return indictments.  So to me, thats a sign the DA is willing to proceed.  The fact they postponed it is confusing and raises questions.

 

I doubt we will hear more until the next Grand Jury date which is in October I believe.  Either they proceed and this gets more serious or the DA will have to make a decision about cancelling the Grand Jury.

[bigg jay]

 

You're right, the mother is tainted, and that's the potential problem I see with the timeline.  It says she went to her mother's house not her own (she may live there too though so who knows if it's just poor wording) and anything to do with the mother now has to be scrutinized. 

 

True but is the implication the mother orchestrated a shake down?  Im not sure she had the time.

 

 

I don't believe she had the time at that point, but maybe it got the wheels turning.  The whole paper bag thing has me thinking she's got her own agenda going on and sees dollar signs.  Maybe once the tests showed no Kane DNA, she saw the payday slipping away so she decided to do something.  Even if that theory isn't correct, what she was trying to accomplish with the paper bag is a complete mystery.

 

The more stuff comes out, the more I believe the girl's lawyer was on the right track when he quit... believe the girl but don't trust the mom.

[The Unknown Poster]

Or she's a misguided mom helping her daughter (or thinking she's helping when in reality she's hurting).

 

Also, if she was given the bag to bag a specific piece of evidence for them (the top?), she must not have done it if she still had the bag...

[The Unknown Poster]

Paul Wiecek        ✔ @PaulWiecek

Interesting that many of the same people who wanted #Kane strung up immediately are now urging that no one rush to judgment on his accuser.

 

 

I dont find this sentiment comfortable.  Were there people who assumed he did it?  Sure.  But have those people changed their minds?  I doubt it.

 

But I think people still see the chance of something happened here.  Just because the accuser's mom is an issue doesnt make the accuser a liar.  And we should err on the side of being sensitive to the victim.  What, we should string her up now?  This is why victim's are often reluctant to come forward

[Rich]

I think it is more pointing out the hypocrisy of people. 

 

I don't think anyone is suggesting that they should string up the accuser.    At the same time, people shouldn't proclaim Kane guilty until he is proven guilty.  

 

Should accusers be shamed for coming forward?  No.

 

Should accused people be assumed guilty?  No.

 

Neither is right.  Neither should be done. People should wait for the process of the law to take its course and judgement passed.  Unfortunately it is human nature that both will happen.  

[The Unknown Poster]

I think it is more pointing out the hypocrisy of people. 

 

I don't think anyone is suggesting that they should string up the accuser.    At the same time, people shouldn't proclaim Kane guilty until he is proven guilty.  

 

Should accusers be shamed for coming forward?  No.

 

Should accused people be assumed guilty?  No.

 

Neither is right.  Neither should be done. People should wait for the process of the law to take its course and judgement passed.  Unfortunately it is human nature that both will happen.  

Yes I agree.  I think Lawless is taking the position because he, for one, felt Kane should be at camp and play while others, including Hustler disagree.  And I maintain an allegation this serious is worth having the player take a time off from the team.  If we're talking a year to resolve, then its tough but the Grand Jury is assembling shortly and will either return an indictment or not and given the circumstances of this case, the DA might even cancel the Grand Jury.  So odds are, how this case proceeds will be learned sooner rather than later and Kane should have stepped away.

 

Allegations are too serious.  If in two weeks the DA doesnt proceed, then Kane comes back.  And all that was lost was camp and maybe a handful of games.  I know that isnt minor but you err on the side of caution and good sense and good optics.  As of now, if the Grand Jury returns an indictment, you essentially have a charged and pending trial for rape of a guy who's been playing hockey and thats bad optics at best.

[Rich]

 

I think it is more pointing out the hypocrisy of people. 

 

I don't think anyone is suggesting that they should string up the accuser.    At the same time, people shouldn't proclaim Kane guilty until he is proven guilty.  

 

Should accusers be shamed for coming forward?  No.

 

Should accused people be assumed guilty?  No.

 

Neither is right.  Neither should be done. People should wait for the process of the law to take its course and judgement passed.  Unfortunately it is human nature that both will happen.  

Yes I agree.  I think Lawless is taking the position because he, for one, felt Kane should be at camp and play while others, including Hustler disagree.  And I maintain an allegation this serious is worth having the player take a time off from the team.  If we're talking a year to resolve, then its tough but the Grand Jury is assembling shortly and will either return an indictment or not and given the circumstances of this case, the DA might even cancel the Grand Jury.  So odds are, how this case proceeds will be learned sooner rather than later and Kane should have stepped away.

 

Allegations are too serious.  If in two weeks the DA doesnt proceed, then Kane comes back.  And all that was lost was camp and maybe a handful of games.  I know that isnt minor but you err on the side of caution and good sense and good optics.  As of now, if the Grand Jury returns an indictment, you essentially have a charged and pending trial for rape of a guy who's been playing hockey and thats bad optics at best.

 

 

I think this whole escapade is an example of the "bad side" of the social / digital media age we live in. It removes the ability for people to be patient and let things unfold 

 

Every minute detail is out there in real time for everyone to consume, and it builds a sort of frenzy.  You said yourself that there are people out there who already think he is guilty.  By the way you post, it sounds like you already believe he is guilty.  

 

The truth is there is a very very small group of people who have actually seen the evidence in this case and can even begin to make a somewhat educated opinion. (There are for sure two people who know what happened)

 

Everyone else has made up their mind based on he said, she said, and prior reputations.  

 

I'm not convinced suspending him until there is a formal charge is the right course of action.  The accuser in this needs to be protected.  But at the same time Kane deserves protection too.

 

If he is formally charged, than yes, I agree he should be suspended with pay.

 

I think everyone can agree that the sooner they take this to the grand jury, the better.  Is there still more evidence they need to collect?  Witnesses they need to interview?  Letting this go on and on is not doing anyone any good.

[The Unknown Poster]

Yes I agree with most of that too.  And I hope the DA takes into consideration the high profile nature.  They should do all due diligence but they should also be expeditious when they can be.

 

Here's a good summary (which also lends credence to the leak that the DNA testing came back with no DNA from Kane):

 

Presiding over what Erie County District Attorney Frank A. Sedita III described as a "dog and pony show," the multitude of press conferences this week have everyone's head spinning with information overload.

 

Here are five things you need to know after Sedita publicly addressed Patrick Kane's case for the first time on Friday morning:

 

 

1. Kane is still under active investigation.

As Erie County's chief prosecutor, Sedita has not made a decision whether or not to charge Kane with a crime. Kane is still being investigated for an alleged sexual assault which may have occurred at his Hamburg, N.Y., home on Aug. 2.

 

In other words, Kane remains in the same situation now as when he arrived at Blackhawks training camp last week. Kane, 26, has not been charged with any crime, but he has not been cleared from any wrongdoing.

 

 

2. The purported discovery of a brown paper evidence bag was an "elaborate hoax."

Sedita held the press conference to re-instill public confidence in the judicial system, displaying video and photos to demonstrate the chain of custody of the evidence collected from the rape kit performed on the accuser on Aug. 2. Sedita said that the kit was collected in a box and not a brown paper bag, and that the contents are in their original packaging in possession of Erie County Central Police Services.

 

Sedita revealed the accuser's mother accompanied her daughter to Erie County Medical Center to be examined. The accuser's mother was handed a brown paper bag by a nurse, which was to be taken home, so a shirt the accuser wore on the night in question could be included as evidence.

 

The accuser's mother never returned the brown paper bag with the top, according to Sedita, then purportedly took the bag to the accuser's lawyer and said it had been left in the doorway of her home anonymously.

 

"We believe the complainant's mother has engaged in an elaborate hoax," Sedita said. "The bag was never left in the door."

 

Sedita said he knew from the moment the accuser's lawyer held a press conference detailing the bag, it was a "red herring," or something intended to be misleading.

 

Sedita could not speak to the accuser's mother's motivation as to why she would purport the bag to be anonymously left in her doorway.

 

Sedita also said the lawyer for the accuser, Thomas J. Eoannou, who withdrew from the case on Thursday night after learning the truth about the bag, "recklessly" held a press conference before consulting with the District Attorney about the bag.

 

 

3. A decision whether to send this case to grand jury still looms.

 

Last month, reports indicated Kane's investigation was set to go to an Erie County grand jury, where 23 citizens would decide whether or not the investigation had enough merit to warrant charges. That is not guaranteed to happen.

 

Now that Sedita established Friday that the evidence has not been tampered with, he must decide whether to seek the counsel of a grand jury, and how much of an impact the brown bag "hoax" has on the case.

 

"The question in my mind is not when this case will go to a grand jury, it's if this case will go to a grand jury," Sedita said. "Now I have to figure out where to go from here."

 

The investigation could continue for any length of time, from days to weeks to months to years, before that decision is made, according to Sedita. Sedita said he wants to consider and investigate the impact of the "elaborate hoax" on the case.

 

Sedita also said the timeliness of the decision also depends on the evidence, whether more evidence needs to be gathered or tested, and the cooperation of witnesses.

 

 

4. Sedita confirmed that initial results from DNA tests were delivered to counsel for both sides.

Citing a historical precedent, "Brady vs. Maryland," Sedita said he had an obligation to notify both Kane's attorney and the accuser's attorney of results of the

 

DNA tests from the evidence in the rape kit. Sedita said the "ethical obligation" exists if the results of the test "may exonerate" or be favorable for the accused, or in this case, Kane.

 

Sedita would not answer further questions about the results of the testing, citing New York State law. He also chided the sources of leaks to the media about details relating to the evidence.

 

"This office is not responsible for this circus," Sedita said, referring to press conferences from Kane's and the accuser's lawyers, which stoked the flames this week. "I am fully confident that we have complied with all of the ethical obligations of this office … We tried to not turn this into a three-ring circus."

 

 

5. The brown paper bag "hoax" may have zero impact in the investigation.

 

"Sins of a mother or father are usually not transferable to a daughter or son," Sedita responded, when asked whether the accuser's claims will be discounted because of the actions of her mother to fabricate the appearance of the brown bag.

 

While Sedita said he still needed to conduct an investigation to see what role, if any, the accuser played in the "bizarre hoax," Sedita said the woman's claims from Aug. 2 will still be thoroughly examined.

 

The accuser's mother is also unlikely to be charged with a crime since she did not give false statements about the bag under oath, but only to the family's lawyer.

 

"There will be one of two actions taken by this office: either this case will be administratively closed, or this case will be presented to the grand jury," Sedita said.

 

Frank Seravalli can be reached at frank.seravalli@bellmedia.ca.

[Blueandgold]

The more I hear about the case the more and more I believe that Patrick Kane is innocent.