Just days after a report in the Buffalo News that the woman accusing Patrick Kane of rape no longer will participate in the investigation, the Erie County District Attorney is announcing the hockey superstar will not be facing any charges.
In a press release, Frank Sedita confirmed the accuser signed a "non-prosecution affidavit," which states that after discussing the case with her attorney, "I do not wish to criminally prosecute the charges which stem out of this investigation."
Sedita said his office's investigation along with the investigation by Hamburg Police over the last three months found the following:
- There are significant material inconsistencies between the accuser’s accounts and those of other witnesses
- DNA results do not corroborate the accuser’s claim of penetration, a required element of proof for a rape charge
- Physical and forensic evidence, when viewed in tandem, tend to contradict the accuser's claim that she was raped on Kane’s bed
- Although Kane has exercised his constitutional right to remain silent (which prohibits questioning by law enforcement), he has made no known incriminating statements to any civilian, nor has he engaged in any conduct consistent with a consciousness of guilt
Sedita says though the accuser made the decision to no longer participate in the investigation and did not wish to criminally prosecute Kane, it isn't required for the case to go forward. The decision rests with him.
He said in the press release, "Our prosecution standard is proof-based and has been stated on many occasions: consistent with the discretion afforded to the District Attorney under the law, we prosecute when the credible evidence, likely admissible in court, proves a crime was committed and proves the accused committed it."
"The totality of the credible evidence -- the proof -- does not sufficiently substantiate the complainant’s allegation that she was raped by Patrick Kane and this so-called “case” is rife with reasonable doubt. Accordingly, the Office of the Erie County District Attorney will not present this matter to an Erie County Grand Jury."
The rape allegation was made in early August and this revelation comes after many twists and turns in the case, including in September when Sedita found the accuser's mother was involved in elaborate bag hoax.
The accuser's former attorney, Thomas Eoannou, held a press conference a few days prior to Sedita's, claiming a "rape kit evidence bag" was found on the doorstep of the accuser's mother's home. The day before Sedita's press conference where he made it clear law enforcement made no missteps in this case, Eoannou stepped down as the accuser's attorney.
In his press conference, Sedita noted that a rape kit in Erie County is a box - not a bag - and is never contained in a bag. He showed video surveillance that proved the kit was kept in law enforcement custody and properly secured.
He also detailed how the bag came into being. The accuser went to the hospital, where the kit was performed, but prior to leaving for the hospital she had changed her shirt. The hospital gave the accuser a bag to put the shirt in, but the shirt was later picked up by law enforcement and the bag was never collected.
Sedita said that bag was kept by the person who came with the accuser to the hospital and that that person is the accuser's mother. Sedita said even though everything points to the accuser's mother, she denied being involved in the hoax. The DA says she cannot be charged with a crime.
Since the beginning of the case, Kane hasn't missed any ice time. He was never suspended by the NHL or the Blackhawks, and now that the case could be dropped, it doesn't look like he will be.
Kane's been a key player for the Blackhawks franchise, which has won three of the last six Stanley Cups, and this year is no different. He's among the league leaders in goals, assists and points.
Since the beginning of this ordeal, Kane has maintained his innocence, saying he has "done nothing wrong" when the allegations came to light.
Upon hearing the report his accuser no longer wants to participate in the investigation, Kane said, "It seems like its been a long time, although its been about three months. You know obviously you’re looking forward to any type of conclusion, whatever it might be.”
We are waiting on more from Kane, his attorney Paul Cambria and the Chicago Blackhawks now that the DA has announced Kane will not be prosecuted.
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