Patrick Kane - Possible rape charge

[TML fan]

If it started off consensual, that would explain the condom.

Which would really start to go down a slippery slope.  If she says stop, then he has to stop, but then it becomes a did he not stop as soon as she would have liked him to have sort of scenario.

Yep. She's fighting an uphill battle to begin with and the hill just got steeper.

 

[bustaheims]

This is the original report on that: http://sabres.buffalonews.com/2015/09/19/dna-test-results-spur-questions-in-kane-case/

Kane's DNA was however found underneath the woman's fingernails, which could at least potentially indicate that a struggle took place.

Potentially, but any good lawyer will be able to explain that away outside of a conflict. I mean, it could simply be that they had consensual sex and she dug her nails into his back - and then changed her mind after the fact. Or, she fell and scratched his arm as she tried to grab on to something. DNA under the fingernails is pretty weak evidence. All it really confirms is that there was some sort of physical contact between them, but that's not really going to do much to help her case without the "smoking gun" of DNA evidence from the rape kit.

 

[Kin]

This is the original report on that: http://sabres.buffalonews.com/2015/09/19/dna-test-results-spur-questions-in-kane-case/

Kane's DNA was however found underneath the woman's fingernails, which could at least potentially indicate that a struggle took place.

Potentially, but any good lawyer will be able to explain that away outside of a conflict. I mean, it could simply be that they had consensual sex and she dug her nails into his back - and then changed her mind after the fact. Or, she fell and scratched his arm as she tried to grab on to something. DNA under the fingernails is pretty weak evidence. All it really confirms is that there was some sort of physical contact between them, but that's not really going to do much to help her case without the "smoking gun" of DNA evidence from the rape kit.

But that wouldn't have changed much either way. DNA evidence from a rape kit could be likewise "explained away" by consensual sex. If Kane's story is that they had sex as opposed to outright denying that he ever touched her, there really isn't a smoking gun to be found.

 

[CarltonTheBear]

The attororny of Kane's accuser held a press conference today to discuss the media leaks and evidence tampering that has occurred in the case. He said that the accusers rape kit was tampered with, ripped open, and anonymously delivered to the accuser's mother. I'll post some of what he said via reporter Tim Graham's twitter account:

Eoannou: Multiple leaks to media have occurred and are "troublesome to say the least."
Eoannou: particularly upset with report DNA from others found in her genital area not from Kane.
Eoannou: Rape kit evidence bag was anonymously delivered to the address of accuser's mother.
Eoannou: label on tape kit evidence bag contains accuser's name, DOB and initials of ECMC nurse who did exam. It's authentic and ripped open
Eoannou: In 30 years plus I have never seen an evidence bag outside police lab, courtroom or legal office.
Eoannou: Wants person to come forward and cooperate about "how on earth this could have happened."
Eoannou: It's significant. "Evidence bag was torn open, and it is the evidence bags."
Eoannou: No doorbell, no knock. Mother evidence bag when she came home from lunch between storm door and front door.
Eoannou: Normally there is one bag per rape kit. This bag was sealed and ripped open.
Eoannou: We went to great lengths to conform authenticity of the evidence bag, and ECMC confirmed authenticity.
Eoannou: I am a criminal attorney. I have never settled a momentary claim in my life. I'm last lawyer in town you would go to in civil case.
Eoannou: We would hope very much a criminal case will occur.
Eoannou: The rape kit evidence bag has been tampered with.
Eoannou: DA office has been notified, has complete confidence what happened with the evidence will be properly looked into.
Eoannou: "Something seriously has gone amiss." Is hopeful this is a good Samaritan tipping off the tampering.
Eoannou: "Victim bashing is atrocious. It has been absolutely devastating to my client."
Eoannou: Alleged victim "has always been determined. She remains determined."
Eoannou: This is a significant development in this case, and we need to bring in FBI or state police to investigate this breach.
Eoannou: No comment on whether he thinks Kane will be charged. News conference over.

 

[WhatIfGodWasALeaf]

I think the NHL has a problem on their hands now.

Given this latest news, I'd imagine he's going to be guilty in the court of public opinion, I don't see how they can have him play until this is resolved one way or the other.

 

[Tigger]

I think the NHL has a problem on their hands now.

Given this latest news, I'd imagine he's going to be guilty in the court of public opinion, I don't see how they can have him play until this is resolved one way or the other.

I think he was well on his way there anyway, this is just bizarre.

 

[rdowdall]

The attororny of Kane's accuser held a press conference today to discuss the media leaks and evidence tampering that has occurred in the case. He said that the accusers rape kit was tampered with, ripped open, and anonymously delivered to the accuser's mother. I'll post some of what he said via reporter Tim Graham's twitter account:

Eoannou: Multiple leaks to media have occurred and are "troublesome to say the least."
Eoannou: particularly upset with report DNA from others found in her genital area not from Kane.
Eoannou: Rape kit evidence bag was anonymously delivered to the address of accuser's mother.
Eoannou: label on tape kit evidence bag contains accuser's name, DOB and initials of ECMC nurse who did exam. It's authentic and ripped open
Eoannou: In 30 years plus I have never seen an evidence bag outside police lab, courtroom or legal office.
Eoannou: Wants person to come forward and cooperate about "how on earth this could have happened."
Eoannou: It's significant. "Evidence bag was torn open, and it is the evidence bags."
Eoannou: No doorbell, no knock. Mother evidence bag when she came home from lunch between storm door and front door.
Eoannou: Normally there is one bag per rape kit. This bag was sealed and ripped open.
Eoannou: We went to great lengths to conform authenticity of the evidence bag, and ECMC confirmed authenticity.
Eoannou: I am a criminal attorney. I have never settled a momentary claim in my life. I'm last lawyer in town you would go to in civil case.
Eoannou: We would hope very much a criminal case will occur.
Eoannou: The rape kit evidence bag has been tampered with.
Eoannou: DA office has been notified, has complete confidence what happened with the evidence will be properly looked into.
Eoannou: "Something seriously has gone amiss." Is hopeful this is a good Samaritan tipping off the tampering.
Eoannou: "Victim bashing is atrocious. It has been absolutely devastating to my client."
Eoannou: Alleged victim "has always been determined. She remains determined."
Eoannou: This is a significant development in this case, and we need to bring in FBI or state police to investigate this breach.
Eoannou: No comment on whether he thinks Kane will be charged. News conference over.

Man, this just gets weirder and weirder.

 

[cabber24]

The fact that bag was tampered with leads me to think somebody tampered with it because there was reason to tamper with it.

 

[rdowdall]

The fact that bag was tampered with leads me to think somebody tampered with it because there was reason to tamper with it.

I mean, it could have been tampered with from either side.  I mean all this does is cast doubt on the whole thing.

 

[cabber24]

The fact that bag was tampered with leads me to think somebody tampered with it because there was reason to tamper with it.

I mean, it could have been tampered with from either side.  I mean all this does is cast doubt on the whole thing.

The accuser is asking the tampering to be investigated so I don't think they tampered with it.

 

[LuncheonMeat]

When I first listened to the press conference, my first thought was that the bag had been delivered to the victim's mother as a taunt. Then his comments about a 'good samaritan' make me think the original bag was torn open to doctor the evidence. So does this mean there is a second bag with the same label, sealed, that contains make-believe evidence, planted after the initial tampering?

 

[rdowdall]

The fact that bag was tampered with leads me to think somebody tampered with it because there was reason to tamper with it.

I mean, it could have been tampered with from either side.  I mean all this does is cast doubt on the whole thing.

The accuser is asking the tampering to be investigated so I don't think they tampered with it.

Could be a smoke screen.  I mean, it's not like Patrick Kane's lawyers are going to come out and say "No don't investigate the tampering.  Leave it as it".  All I know is that there is no real way to trust anything in this case from a public perspective.  Doubt has been cast on everything.  The only two people who know what happened are Kane and the accuser.  It's now a total he said/she said scenario.  There are three sides to every story, hers, his and the truth.     

 

[cabber24]

The fact that bag was tampered with leads me to think somebody tampered with it because there was reason to tamper with it.

I mean, it could have been tampered with from either side.  I mean all this does is cast doubt on the whole thing.

The accuser is asking the tampering to be investigated so I don't think they tampered with it.

Could be a smoke screen.  I mean, it's not like Patrick Kane's lawyers are going to come out and say "No don't investigate the tampering.  Leave it as it".  All I know is that there is no real way to trust anything in this case from a public perspective.  Doubt has been cast on everything.  The only two people who know what happened are Kane and the accuser.  It's now a total he said/she said scenario.  There are three sides to every story, hers, his and the truth.   

You would think it would be possible that an investigation into the tampering could yield something. The evidence must have some sort of controls in place to protect it. Investigating how these controls were bi passed could turn up something.

 

[CarltonTheBear]

I think the NHL has a problem on their hands now.

Given this latest news, I'd imagine he's going to be guilty in the court of public opinion, I don't see how they can have him play until this is resolved one way or the other.

Bill Daly via the Chicago Tribune:

Asked how Eoannou's allegation might affect the case, NHL Deputy Commissioner Bill Daly said, ?I don't think today's developments really have any direct impact on Kane's status from the league's standpoint.?

I mean, from the standpoint that the league has already taken, I guess I agree. If they've decided to stick with Kane at this point nothing short of at least an official charge is going to make them take a different stance. But man if that happens they're screwed from a PR standpoint.

 

[Kin]

The fact that bag was tampered with leads me to think somebody tampered with it because there was reason to tamper with it.

I mean, it could have been tampered with from either side.  I mean all this does is cast doubt on the whole thing.

Except any breaking of the chain of custody for the evidence essentially renders it inadmissible. All of it. That doesn't benefit someone looking to make charges stick whatsoever.

 

[GhostofPotvin29]

From what I understand/have read, DNA doesn't mean much in the grand scheme of rape trials anyway so it shouldn't have a huge impact whether there is presence of DNA or not, etc.

 

[rdowdall]

The fact that bag was tampered with leads me to think somebody tampered with it because there was reason to tamper with it.

I mean, it could have been tampered with from either side.  I mean all this does is cast doubt on the whole thing.

Except any breaking of the chain of custody for the evidence essentially renders it inadmissible. All of it. That doesn't benefit someone looking to make charges stick whatsoever.

I see what your saying.  But if the evidence was going to prove that Kane was innocent, and that was the evidence that was going to be admitted, and now all of sudden we have allegations that the evidence was tampered with, then that means that it casts doubt on the evidence supporting Kane's allegation.  Now no one can use the evidence, and there is no way to be certain who the evidence was going to support, and they can now cast doubt on the whole investigative process.  It's like the reverse O.J. Simpson.

 

[Kin]

I see what your saying.  But if the evidence was going to prove that Kane was innocent, and that was the evidence that was going to be admitted, and now all of sudden we have allegations that the evidence was tampered with, then that means that it casts doubt on the evidence supporting Kane's allegation.  Now no one can use the evidence, and there is no way to be certain who the evidence was going to support, and they can now cast doubt on the whole investigative process.  It's like the reverse O.J. Simpson.

That doesn't make any sense. An absence of evidence helps Kane. You need evidence to convict someone. You can't get a conviction with "Yeah, there's no evidence but the investigation was screwed up" when the government, the one who'd be prosecuting Kane, is in charge of the investigation.

 

[CarltonTheBear]

Well, get ready for this to get even more interesting:

That's the Commissioner of Central Police Services saying they have the original rape kit.

The Erie County Medical Center apparently confirmed that the rape kit delivered to the victim was authentic though. So either they are wrong, or the Erie County Central Police Services have a fake/doctored rape kit.

 

[Kin]

The Law and Order episode based off this is going to be a lot of fun.