Grand jury reportedly will review Kane case
After reports surfaced that one witness in the Patrick Kane investigation had been subpoenaed to appear before a grand jury, the Buffalo News is now reporting that the entire case as it stands will go before the grand jury. A 23-person panel of Erie County citizens will hear the evidence about the allegations of rape against Kane starting next week, according to the report.
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.
Kane has been the subject of a police investigation in Hamburg, N.Y., for an incident that allegedly occurred at the Chicago Blackhawks forward’s home on the morning of Aug. 2. He has not been charged with a crime.
Local law enforcement officials have been tight-lipped on the proceedings and now that the case is going before a grand jury, the details will likely remain hard to come by. Grand jury proceedings are kept secret by law.
Former Erie County D.A. Frank J. Clark explained the key factors in bringing this investigation to the grand jury in an interview with the Buffalo News:
“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.”
Kane can be called to testify, but cannot be compelled to do so. It was also reported by Scott Levin of WGRZ that everyone that was in Kane’s home on the night of the alleged incident has been subpoenaed to appear before the grand jury. Law enforcement officials could also be called to share information from their investigation.
NHL training camps open on Sept. 17. It is highly unlikely that a grand jury decision would be rendered by that time, but it is difficult to know just how long something like this will take.
If this process extends into training camp and beyond, the NHL could choose to suspend the forward indefinitely given that he is still the subject of a criminal investigation. The league has remained mostly quiet on this situation, but it’s hard to see them allowing Kane to participate in team activities while the investigation remains unresolved.
That said, this is a major step towards resolving what has been a lengthy, delicate investigation.
Evidence in the Patrick Kane investigation will be heard by a grand jury, per reports. (USATSI)
This entry passed through the Full-Text RSS service – if this is your content and you’re reading it on someone else’s site, please read the FAQ at fivefilters.org/content-only/faq.php#publishers.
