Crime & Safety
Rape-Evidence Bag Left on Doorstep of Patrick Kane Accuser's Mom: Lawyer
Police say "chain of custody of evidence in this case is unassailable." Attorney says he wants FBI or state police to investigate.
The lawyer for a woman accusing Chicago Blackhawks star Patrick Kane of sexual assault says a “rape evidence bag” labeled with the woman’s name was delivered to her mother’s house — and he wants the FBI or state police find out why.
“Something seriously has gone amiss,” Thomas Eoannou said at a press conference Wednesday in Buffalo. “If you’re looking for a sure-fire way to scuttle the prosecution you may tamper with the evidence. Maybe some Good Samaritan came forward and provided that to us to give us a tip as to what’s going on.”
Authorities deny the bag containing rape-kit evidence has left police custody.
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The ripped evidence bag was found Tuesday at about 1:30 p.m. at the mother’s home in a doorway, tucked between the storm door and the front door, the lawyer said during a press conference broadcast live. Eoannou said the woman’s name and the nurse’s name are on the evidence bag.
He said former sex crimes investigators working with him have verified the authenticity of the rape evidence bag. He also said he notified the district attorney and indicated he would turn the bag over to an independent law enforcement authority.
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But authorities with Erie County and the Hamburg Police Department, which is investigating the rape claim lodged against the hockey star, claim all evidence remains in custody and accounted for.
“In regard to the information conveyed today by Mr. Thomas Eoannou, the Hamburg Police Department will cooperate with any authorized investigation regarding the handling of evidence and the procedure of such,” the police department said in a statement. ”That said, (the) Hamburg Police Department has documentation that unequivocally demonstrates that it’s handling of the evidence and the integrity of it’s chain of custody of evidence in this case is unassailable.”
Erie County’s Commissioner of Central Police Services told WIVB TV the evidence remains in its original packaging and has never left the building.
“All evidence related to this case that was given to Erie County Central Police Services by the Town of Hamburg Police Department is accounted for and remains in its original packaging in the possession of Erie County Central Police Services,” Commissioner John Glascott said in a statement. “This includes the evidence in the rape kit and the packaging itself. This evidence has been analyzed and reports of that analysis sent to the appropriate agencies.”
The district attorney told The Buffalo News, the situation will be investigated.
“In 27-plus years, I’ve never seen a rape kit tampered with,” Frank Sedita III said. “It will be investigated, professionally investigated.”
After collection at the hospital, the sealed evidence is taken into police custody and delivered to a forensics lab for testing. Throughout the process, the prosecution must be able to account for the chain of custody to verify that evidence has not been tampered with.
“The bag has a label on it. It contains my client’s identity. It contains my client’s birthday,” Eoannou said. “It contains the location where the rape kit was done, and it confirms the nurse’s initials who performed the rape kit.”
With this accusation, if the evidence bag is legitimately the one used to hold the woman’s rape kit, the chain of custody regarding the DNA evidence now may be tainted.
Over the weekend, The Buffalo News, citing four sources, reported that forensic tests show Kane’s DNA was found under his accuser’s fingernails and on her shoulder, where she was bitten, but his DNA was not found on her genitals nor in her undergarments.
In August, the woman told police Kane assaulted her after he brought her to his home. The two met at a Buffalo-area bar.
Eoannou said victim bashing in this case and the rampant news media leaks out of the Hamburg police department, Kane’s hometown, have been “absolutely devastating to my client.”
“This is a classic example why rape victims don’t come forward,” he said, yet she will continue to cooperate with the prosecutors. “She has always been determined. She remains determined.”
Eoannou, just as Kane’s lawyer Paul Cambria has said, told reporters Wednesday there is no talk of a private settlement.
Cambria, reacting to the press conference, told WGRZ TV in Buffalo the rape evidence bag is of no importance.
“They have an incentive to say the evidence is compromised, we have none,” Cambria said.
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