Kane legal drama in Buffalo IV (no hearsay, verifiable sources only)

[Sarava]

continues from: http://hfboards.mandatory.com/showthread.php?t=1948825&page=40

The latest 'news' is this report from the Buffalo news:

http://sabres.buffalonews.com/2015/09/19/dna-test-results-spur-questions-in-kane-case/

Click to read more...

 

[Sarava]

Fans should be bashed for cheering him. A cautious, patient approach is the correct reaction. Sit back and wait to we hear more details. Hearing the quotes from the Kane jersey-wearing fans at Notre Dame is disgusting.

I didn't hear any of the fan quotes from Notre Dame, so I'm not sure exactly what you're speaking about. I think everyone has their own way of reacting to stories like this, and none of us should expect that everyone should take the approach that we personally think is best.

And I'll tell you this, unless something comes out that turns this story around 180 degrees, I will be cheering very loudly for Kane on opening night. That will be more than 2 months after this crap started, and if he still isn't charged by then (and last night's story, if true, seems to be pushing it in that direction), then I'll tentatively take the stance that Kane might be the victim in this case and deserves my support.

 

[BK]

Continuing from my last post I am all for bashing people wear his jersey and cheering to mock the situation but I don't think it is right o bash the people who believe what he says or a kids who are just fans. There were both types there but I would like to think that the a majority of the cheers were from genuine fans.

 

[BK]

I didn't hear any of the fan quotes from Notre Dame, so I'm not sure exactly what you're speaking about. I think everyone has their own way of reacting to stories like this, and none of us should expect that everyone should take the approach that we personally think is best.

And I'll tell you this, unless something comes out that turns this story around 180 degrees, I will be cheering very loudly for Kane on opening night. That will be more than 2 months after this crap started, and if he still isn't charged by then (and last night's story, if true, seems to be pushing it in that direction), then I'll tentatively take the stance that Kane might be the victim in this case and deserves my support.

Agreed.

 

[Sarava]

Continuing from my last post I am all for bashing people wear his jersey and cheering to mock the situation but I don't think it is right o bash the people who believe what he says or a kids who are just fans. There were both types there but I would like to think that the a majority of the cheers were from genuine fans.

As I said, I didn't hear the Notre Dame fans comments. If anyone is mocking the situation or making jokes about it, then I would agree they are idiots. But short of that, with this case looking fishier and fishier as it goes on, I think it's great if people decide to support Patrick Kane.

 

[Duke33]

Agreed.

Agreed as well. I'm biased as I had a very close friend who was falsely accused of rape and it destroyed him, despite his innocence. But things moved quickly. Very quickly. The fact that this much time has gone by and more and more facts are coming out shooting holes in the whole "Kane raped someone" mantra that people adopted off the bat, plus the fact the Hawks felt ok bringing him to camp and letting him talk, tells me this will probably be over soon.

 

[Sarava]

The Sun-Times says their source has verified what the Buffalo News reported last night.

http://chicago.suntimes.com/news/7/71/974832/source-confirms-report-dna-evidence-kane-case

Does this lead to lesser charges that originally was feared? I would think his DNA being on her shoulder shows something...but what is it?

 

[Nocando]

Does this lead to lesser charges that originally was feared? I would think his DNA being on her shoulder shows something...but what is it?

It was early August and maybe her clothes didn't cover her shoulders. The DNA could be from fooling around in the bar, in the car, or whatever. Sure is different than a Kane about to turn himself in slam dunk. Has a date been determined for the GJ to resume?

 

[BHFan]

The Sun-Times says their source has verified what the Buffalo News reported last night.

http://chicago.suntimes.com/news/7/71/974832/source-confirms-report-dna-evidence-kane-case

Does this lead to lesser charges that originally was feared? I would think his DNA being on her shoulder shows something...but what is it?

It's easy to see now why Kane and his lawyers were so confident that he wouldn't be charged, and why they were refusing to talk settlement. Kane knew he hadn't raped her, there was no penetration, with or without condom, and that nothing the accuser did after the fact was going to change that. He was sober enough to know that he hadn"t raped her.

Working from that position, it now goes back to a he said/she said, only for behavior that might not even be considered assault, but just horny behavior between two consenting drunk adults. I'd guess that there's a lot lower bar set for consent to a kiss and fondling than there is for full on intercourse.

Now the question becomes, why did she accuse him of rape? Did it go further than that? After this, I'm not sure the D.A. should be filing any charges. Did she mean assault all along and was upset about the bites and scratch?

 

[Hawks818]

The Sun-Times says their source has verified what the Buffalo News reported last night.

http://chicago.suntimes.com/news/7/71/974832/source-confirms-report-dna-evidence-kane-case

Does this lead to lesser charges that originally was feared? I would think his DNA being on her shoulder shows something...but what is it?

I'd imagine it depends on what type of DNA is on her shoulder and if it was accompanied with some kind of injury, like teeth marks. Also what if the nature of the DNA found doesn't corroborate the accusers story? If she said it was a bite mark but only skin DNA was found, not soliva, then that wouldn't help build a case for lesser charges against Kane.

 

[CallMeShaft]

DNA on her shoulder? Dammit Kane, stop giving out free massages!

 

[hawksfan50]

We do not know Kane's side of the story...as to explain how his DNA got on her shoulders and under her fingernails...it might be he told police that consensual sex was initiated but before consumation she shouted No and he stopped...in that scenario he indeed did nothing wrong and the DNA got on her shoulder and fingernails only as a result of foreplay...no Crime comitted! SHE may have said he did not Stop But surely the lack of DNA from him in her genital area and undergarments gives Zero or off beyond a reasonable doubt that he refused to stop.
SO either way in such scenario he must NOT BE CHARGED else this is legal farce.
Or there us another scenario...Maybe Kane told police he went to his room and was startled she was in there...then he might have said he had to fight off her advances and that is how his DNA got 9n her shoulder and under her fingernails..
Or he might have said he never en touched her...then how did his DNA get on her shoulder and under her fingernails? WELL IF he used the startled she wad in the room story a good defense attorney could ask an expert DNA witness if it is possible that a person could transfer DNA from a toothbrush to parts of her body? Of course a person could do that says the DNA expert and so the hold-digger set the trap plot is buttressed by such conjecture that she got to his bathroom and simply used the toothbrush to do this but did not have time to brush her genital area with it because by that time he had entered his room to catch her already in there. .In other words there are explanations from foreplay in consecutive sex that 2as intimated but stopped 9n request to the wilder but very plausible gold-digger trap and toothbrush trick. ALL of these cast reasonable doubt to buttress his case of doing nothing wrong.She is not going to convict him of anything on such a flimsy buck of "evidence" if you can even call it that..The D.A. would be a laughingstock if his grand jury was insane enough to indict on such flimsy evidence if even a mere "assault"..assaults it could be just as likely she assaulted him 9n 5he gold-digger plot set-up.. Her case gets weaker and weaker as we learn more from the"facts" leaked to the press.
.

 

[sharkhawk]

Could the bite marks (or teeth marks I've heard it both ways) be reference to a hickey? If put that way it's sounds a lot more innocent than he bit her.

 

[Salvaged Ship]

Looking at it unless she was bruised and battered or there was an actual eyewitness or something on video I can't see how he could be charged with anything. Something under her fingernails or on her shoulder can't prove a crime was committed, can it? Kane may well have done something wrong but I don't see how anything can be proven if what was in this report is true.

I would think with this report the DA would not even go to the GJ. Kane may still try and come to a settlement agreement to keep details from getting out.

 

[JaegerDice]

You don't need DNA to charge somebody with rape, but it sure as hell makes the chance of winning a case a lot smaller.

It's pure he said, she said if this report is true.

 

[Sarava]

You don't need DNA to charge somebody with rape, but it sure as hell makes the chance of winning a case a lot smaller.

It's pure he said, she said if this report is true.

I can't imagine they would charge him with rape if the DNA came back negative for sexual intercourse or rape.

Now - maybe a lesser charge?

But if these reports are true....my first question is, did she allege a forcible rape or not? Because if the reports are true, and she did indeed make that allegation...that probably makes her reliability as a witness questionable. Or at least she would get torn apart by the defense if this ever went to trial for anything.

 

[Fortyfives]

I can't imagine they would charge him with rape if the DNA came back negative for sexual intercourse or rape.

Now - maybe a lesser charge?

But if these reports are true....my first question is, did she allege a forcible rape or not? Because if the reports are true, and she did indeed make that allegation...that probably makes her reliability as a witness questionable. Or at least she would get torn apart by the defense if this ever went to trial for anything.

My guess is the DA wants nothing to do with this case.

 

[Sarava]

My guess is the DA wants nothing to do with this case.

Might be a good guess. And you might also wonder if the DA purposely leaked this information out, so if/when they decide not to pursue charges, people aren't blaming the DA for being soft on a celebrity.

Would love to hear from Broadway Jay at this point.

 

[bwana63]

My guess is the DA wants nothing to do with this case.

Well, there are still a lot of unknowns. But given what we know, that seems likely.

 

[Pulyx]

Also, even if they don't charge him with sexual assault, assault and harassment charges are still on the table. He is not out of the woods yet.

 

[Pomeranian]

Sexual assault does not have to be intercourse. I think that no information that has been leaked has been substantiated by either side. You will have to wait to see if he's charged. Bite marks on shoulder may be what the paper was referring to about DNA, but again, no information has been confirmed by either party.

 

[42]

My guess is the DA wants nothing to do with this case.

Then why bring it to a Grand Jury? Grand Juries are known for having a very high indictment rate.

 

[wafflecones]

Then why bring it to a Grand Jury? Grand Juries are known for having a very high indictment rate.

The editorializing going around is that Frank Sedita, the lead DA, is known for sending high profile cases to a grand jury- even in cases where he doesn't plan on indicting. I guess in the past he's persuaded a grand jury to change their mind about an indictment bill.

I'm interested in the fact the there is no current date for rescheduling the grand jury. Maybe it is because this new information will make them change their strategy about the type of charges, or it could be that this new evidence invalidates someone's testimony (either his or hers).

 

[Fortyfives]

Then why bring it to a Grand Jury? Grand Juries are known for having a very high indictment rate.

The DA has higher dreams of office which takes votes. If he sends it to the GJ and they send it back he can wash his hands of it.

 

[Kaners PPGs]

""You really want to bash kids wearing Kane's jersey because that is who was cheering him. Going by the innocent until proven guilty method it is ok to wear that jersey and cheer him. How as a parent would you do it? Tell your kids not that he is accused of rape only to look dumb when/if the charges are dropped? No you wait and teach your kids if charges come. It is also a great opprotunity to teach a child about innocent until proven guilty.

It would be disgusting if he was charged but he hasn't been and the few details released have been minor ."

Seriously? How would I do it as a parent? I would tell my children that some very serious allegations have been made and Kane is being investigated for a very serious crime. There is a chance we are going to have to reevaluate whether or not we want to wear his jersey. Let's just wait and see. Keep it in the closet till we know more.

How hard is that?