So the details are all getting mixed around. Here's the story:
The evidence bag which held the findings of the rape kit (administered at the Erie County Medical Center in early August) was allegedly found in between the front door and storm door of the victim's mother's house, who discovered it when coming home from lunch on Tuesday afternoon.
The bag was folded up several times, had the victim's name, birthday, the facility name, & the initials of the nurse who administered the rape kit. The evidence bag, allegedly authenticated by the ECMC, had been torn open and was empty.
The alleged victim's lawyer wants to have an independent law enforcement agency investigate this, because if this is indeed true, it's a really disgusting blow to the Buffalo-area justice system, and throws a wrench into the whole trial. The findings of the rape kit, if proven beyond a reasonable doubt to be mistreated, tampered with, etc., would be immediately inadmissible as evidence.
Patrick Kane's lawyer, who is admittedly slimy, seems to think that this is a ploy by the prosecution to dismiss rape kit findings which would prove Kane's innocence. This would work if you believe the leaked rumors of evidence, which the victim's attorney touches on here:
“If you’re looking for a sure-fire way to scuttle a prosecution, you tamper with evidence,” (victim's lawyer Thomas Eoannou) said. “This is a significant development in this case and we need to bring in the FBI, (New York) State Troopers, or some other law enforcement agency to find out who had that bag, who put it in my client’s mother’s doorstep and why. We’re hoping to get to the bottom of it, who had the incentive to modify and tamper with the evidence.”
Eoannou denied all media reports about the result of evidence tests from the rape kit, saying they were “absolutely not true.”
“We don’t know what was found where,” Eoannou said. “During the course of this investigation, multiple leaks to the media have occurred. (Tuesday) was the most disturbing report of allegedly confidential information. It was reported yesterday ‘DNA tests found DNA evidence of at least one person, and possibly one or two more, in her genital area but found no traces of any DNA from Kane.’ It was also reported that ‘two unknown semen samples in Kane’s victim’s rape kit.’ The consequence in all of this has been to discredit my client in public. We’re hoping to get to the bottom of who had the incentive to modify and tamper with the evidence, rather than have misinformation about semen in one’s undergarments.”
Eoannou wants the person who placed the evidence bag at the mother's house to come forward as it may prove to be a key finding in the corruption of the police department's handling of this case.
Which they've earned.
SI discussed this with their legal guy Michael McCann, who said this changes things on 4 levels:
1. Assuming the [packaging] sent to the mom of the accuser is in fact genuine, it [suggests] tainted evidence. Should the case go to trial, the rape kit can still be deemed admissible but the judge would warn jurors that it may have been contaminated by tampering. Jurors would then be instructed that they can consider possible tampering in how much weight they assign to this evidence. Published reports indicate the kit does not establish that Kane committed rape. If true, it could serve as evidence that helps to exonerate him. This development, however, means jurors may assign less weight to the kit and that would work against Kane.
2. Kane’s attorney, Paul Cambria, will likely now demand that the investigation into his client be dropped. For starters, he has already told media that a tampered kit would prevent him and his expert witnesses from independently testing it. This raises a procedural question of fairness and could convince prosecutors to drop the case. If Kane is later convicted of a crime, Cambria would also have a stronger argument for an appeal because he would claim that jurors were misled by faulty evidence.
More generally, Cambria can now argue that the investigation has been compromised by unlawful and unethical conduct by those who are entrusted with crucial pieces of evidence and thus any evidence can be doubted. If prosecutors ultimately charge Kane with a crime, Cambria would consistently remind jurors that evidence, while under the watch of Hamburg (NY) Police Chief Gregory G. Wickett and Erie County District Attorney Frank A. Sedita III, fell into the hands of the accuser’s mother. Cambria would thus try to discredit the entire case.
3. Local and county officials may not be capable of conducting a sufficiently impartial investigation of how the [packaging] was sent. As a result, it would now be appropriate for New York State Attorney General Eric Schneiderman to launch an investigation into how the [packaging] could have been sent to the accuser’s mother.
Every person who had custody of the kit would likely be interviewed in an investigation. All records, including e-mails and texts, related to the whereabouts of the kit at all times would also be considered. Criminal charges for obstruction of justice, tampering and conspiracy could be brought against those who were involved in the unlawful release of the [material] and its transportation to the home of the accuser’s mother. It is thus possible that Kane avoids any criminal charges while those involved in the investigation of him could themselves be charged.
4. The accuser’s mother could civilly sue persons who are found to have been involved with the plot to send the [packaging] to her. The most likely claim would be intentional infliction of emotional distress, which concerns conduct that is extreme and outrageous and causes severe psychological suffering. A general negligence claim concerning the duties of those persons could also be raised.
Not long after this all came out, the police responded with this:
“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,” John A. 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.”
Here's what SI's McCann offered on that subject:
"I think this makes it even more likely New York Attorney General Eric Schneiderman steps in to investigate. Someone is lying. This confusion also taints the case and makes it less likely that Kane will ever be charged. I would also find it surprising if the accuser's attorney, Thomas Eoannou, did not first check with the authorities about this alleged evidence before going to the media, since he would damage his client's case and risk sanction by the state bar if the materials received by the accuser's mother turn out to be fabricated evidence."
http://www.tsn.ca/attorney-evidence-bag ... -what-next" onclick="window.open(this.href);return false;
http://www.si.com/nhl/2015/09/23/patric ... -what-next" onclick="window.open(this.href);return false;
