Sept. 23--An attorney for the woman who has accused Blackhawks star Patrick Kane of sexual assault claimed the police evidence bag that once contained the accuser's rape kit showed up on her mother's doorstep, an explosive allegation that could taint the ongoing investigation.
Criminal defense attorney Thomas J. Eoannou said the accuser's mother noticed the empty brown bag on her doorstep when she returned home from work around 1:30 p.m. Tuesday. At a news conference in Buffalo, he provided a photograph of the purported bag, which contained the accuser's name as well as the initials of the nurse who performed the evidence collection at the hospital in Erie County.
The Tribune could not immediately confirm its authenticity, and it was unclear whether Eoannou had confirmed it with the authorities.
Eoannou called for an independent investigation while acknowledging it will hinder the prosecution's ability to move forward with the case.
"If you're looking for a surefire way to scuttle a prosecution, you tamper with evidence," he said.
Kane's attorney, Paul Cambria, downplayed the bag's significance, saying the sample already had been tested and did not confirm the sexual assault allegation. The comments marked the first time Kane's attorney has confirmed reports that Kane's DNA was not found in the accuser's genital area.
"The evidence technician who works for the county tested it. He said there was no Patrick Kane, and that's all I needed to know," Cambria said. "We were told other DNA was found, but none of it was from Patrick."
Cambria declined to answer additional questions about the results of the rape kit. He was expected to hold a news conference shortly.
Eoannou declined to discuss evidence in the case, though he said he thought leaks had been designed to discredit his client.
"This is a classic example of why rape victims don't come forward," he said. "This is the worst case of victim-blaming I've ever seen."
Kane spoke last week publicly for the first time since the investigation began, reading a statement on the eve of the team's training camp at the University of Notre Dame. In the statement, Kane declared that he was "confident" he'd be "absolved" of any wrongdoing.
Kane, 26, who kept a low profile until training camp began, has been showered with support from fans since he spoke in South Bend. There were cheers when he took the ice at the start of the three-day camp and again Tuesday night at the team's preseason opener at the United Center. He joined teammates for a photograph on Notre Dame's football field before Saturday's game against Georgia Tech.
The Tribune reported last week that Kane's attorneys had been working to resolve the case in a manner that benefited all involved parties, including the 21-year-old woman who accused him of sexual assault last month. Cambria denied any "settlement" talks have taken place.
Sources, who spoke on the condition of anonymity, had described a fluid situation in which Kane and his accuser have refused to acquiesce because they both view themselves as the wronged party.
Kane's appearance last week reflected his defense team's growing confidence in its belief he will not be indicted. The Blackhawks said their decision to have Kane train with the team followed a briefing from his legal team, and the NHL has said it backed the team's decision.
The case remains ongoing in Buffalo, where the Erie County district attorney's office is expected to begin grand jury proceedings this month. Cambria and others have confirmed the upcoming proceedings, but Cambria said Tuesday that he had not been provided a date.
Erie County District Attorney Frank Sedita III has repeatedly declined to discuss the case. Last week -- on the day Kane addressed reporters -- he announced to his staff that he would seek a position on the state Supreme Court. The widely expected decision means Sedita would step down by the end of the year.
The Tribune has reported that Kane spent the night of Aug. 1 at a popular nightclub in downtown Buffalo, about 15 miles from his Hamburg lakefront home, staying past midnight with friends. He left the bar that night with his accuser, a male friend and another woman.
jahopkins@tribune.com
