advertisement

Sources: Blackhawks' Kane may testify before grand jury

BUFFALO, N.Y. - An Erie County grand jury will begin hearing evidence next week about a Buffalo-area woman's allegation of sexual assault against Chicago Blackhawks winger Patrick Kane, three sources close to the case told The Buffalo News.

Erie County District Attorney Frank A. Sedita III declined to comment, as did attorneys for the woman and Kane. But legal experts familiar with the grand jury process said it is likely that both Kane and the woman who made the allegation would be invited to testify before the grand jury.

The grand jury's role would be to hear all the evidence presented by the district attorney and then vote on whether there is enough evidence to sustain a criminal charge against Kane, those experts said.

For more than a month, Hamburg, New York, police and the district attorney's office have been investigating the young woman's allegations that Kane sexually assaulted her in his Hamburg lakefront home early on the morning of Aug. 2 after meeting her in a downtown Buffalo nightclub and inviting her to his home. The investigation has been conducted in secrecy, with a few details leaking out through sources on both sides of the case.

Sedita's predecessor as district attorney, Frank J. Clark, and longtime Buffalo defense attorney Mark J. Mahoney both told The News that they think Sedita is making the right move in presenting the case to a grand jury.

"If I were in his shoes, I would probably do the same thing - put the evidence before an impartial body of citizens and let them hear as much evidence as possible about both sides," Clark said. "You have a young woman who has made a very serious allegation, and you have a very high-profile athlete who, I would assume, is claiming he didn't do it. I would give both Kane and the woman who made the accusation an opportunity to tell their stories before the grand jury."

While the district attorney cannot force Kane to testify before the grand jury, there may be good reasons why Kane may want to testify, Mahoney said.

"Should he testify? … That can be a very hard decision for a defense attorney to make," Mahoney said. "Some defense attorneys are strongly against having their clients appear before a grand jury, because sometimes, clients make mistakes. But grand jury testimony can also be a very good tool for a defense attorney. It's his opportunity to get his client's side of the story out there before the grand jury."

Kane's attorney, Paul J. Cambria Jr., and the woman's attorney, Thomas J. Eoannou, both declined to comment when asked by The News about the grand jury investigation, or about the possibility of their clients testifying.

The fact that Sedita has decided to present the case to a grand jury should not prompt anyone to conclude that law enforcement officials are convinced that Kane is either guilty or innocent of the crime, Clark said.

"There are cases that you put before a grand jury because your proof is overwhelming, and you fully expect an indictment. There are also cases where you have proof on both sides, where the proof is not really clear-cut," Clark said. "Putting it before a grand jury allows you to present both sides to an impartial body of people and let them decide whether there should be an indictment. The grand jury's role is to determine whether there are reasonable grounds to believe that a crime was committed, and reasonable grounds to believe that this defendant committed the crime.

"The standard of proof for a criminal conviction at trial is much stronger. To get a conviction at trial, the trial jury has to decide that the person is guilty beyond any reasonable doubt."

In addition to hearing testimony from the alleged victim and the alleged perpetrator, experts said, a grand jury evaluating an alleged rape case would most likely hear testimony from police who investigated the case and from other witnesses who have knowledge of the events, as well as be presented with medical evidence.

Article Comments
Guidelines: Keep it civil and on topic; no profanity, vulgarity, slurs or personal attacks. People who harass others or joke about tragedies will be blocked. If a comment violates these standards or our terms of service, click the "flag" link in the lower-right corner of the comment box. To find our more, read our FAQ.