CASE DISMISSED
District attorney says accusation against Kane ‘rife with reasonable doubt,’ says no charges will be filed
Erie County District Attorney Frank Sedita not only announced Thursday morning that Blackhawks star Patrick Kane would not be charged with rape, but he seemingly mocked the entire case against Kane before shining a light on all of its problems.
“This so-called ‘case’ is rife with reasonable doubt,” Sedita said in an email sent to media Thursday morning at 8:39 a.m.
Sedita, known for keeping his mouth shut until all the facts are in, outlined key factors that led him to dismiss the long and twisted three-month criminal investigation that played out in headlines across the country.
“There are significant material inconsistencies between the complainant’s accounts and those of other witnesses,” he stated.
He also cited the fact that “DNA results lend no corroboration whatsoever to the complainant’s claim of penetration, a required element of proof for a rape charge.”
Sedita explained that physical evidence and forensic evidence, when viewed in tandem, “tend to contradict the complainant’s claim that she was raped.”
And he went on: “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.”
“The Office of the Erie County District Attorney will not present this matter to an Erie County Grand Jury,” he said.
Kane, in a statement released by the Blackhawks hours after the announcement, appeared to be relieved, if not surprised.
“I have repeatedly said that I did nothing wrong,” he said. “I have respected the legal process and I am glad that this matter has now been closed and I will have nothing further to say going forward.”
The Blackhawks, which canceled a team practice Thursday, also released a statement that said the organization “has taken this matter very seriously, and has tried to navigate a very sensitive situation while continually respecting the legal proceedings. At this time we will have no further comment.”
The accusations against Kane, who was never charged with any crime, were made in early August. The 21-year-old accuser said she met Kane at a nightclub and went to his waterfront mansion in Buffalo’s suburbs, where Kane raped her in his bed.
“We knew all along that Patrick didn’t do anything wrong,” Pat Brisson, Kane’s agent, said Thursday. “We are pleased with the results from the investigation.”
The momentum of doubt increased when, in September, Sedita held a news conference to shoot down allegations of evidence tampering as a hoax perpetrated by the accuser’s mother.
At the time she claimed to have happened upon a crucial evidence bag that someone anonymously left outside her front door. However, the next day, a visibly angry Sedita announced to reporters the mother lied and the incident was a hoax.
The episode sparked Thomas Eoannou, the accuser’s attorney at the time, to quit the case. Eoannou, who fell for the ruse, said that “fabrications” were made to him and that he felt ethically obliged to drop his client.
The accuser then retained a new attorney, Roland Cercone. A phone message left for Cercone was not immediately returned Thursday.
Sedita’s predecessor, former Erie County District Attorney Frank Clark said the winds shifted against the accuser in September, and quickly picked up speed.
“In my opinion once the info about the DNA came out, that pretty much sealed the fate of this case as far as a viable prosecution was concerned,” said Clark, in reference to multiple traces of male DNA found below the accuser’s waist; none of the DNA belonged to Kane.
The DNA information surfaced in September and was confirmed by Kane’s attorney, Paul Cambria, who did not return phone messages Thursday morning.
National Hockey League Deputy Commissioner Bill Daly issued a written statement Thursday:
“In light of the statement issued today by the Erie County District Attorney’s Office, as an internal League matter, we intend to promptly review the information that may now be available to us,” Daly said in the statement. “We will have no further comment until we have completed that review.”
“I HAVE REPEATEDLY SAID THAT I DID NOTHING WRONG. ... I AM GLAD THAT THIS MATTER HAS NOW BEEN CLOSED.’’
Patrick Kane, in a statement released by the Blackhawks