Updates to the Kane situation

[bamainatlanta]

Paul Cambria expects the case to go to Civil court.

 

[italianbeef]

Paul Cambria expects the case to go to Civil court.

She hired a slip and fall (in addition to Eoannou) on day one. There was always going to be a civil case.

 

[Ares]

How does this work as a civil case?

If you cannot prove Kane harmed you in a criminal case, what standing do you have to demand anything from him in a civil case?

 

[Xuder O'Clam]

How does this work as a civil case?

If you cannot prove Kane harmed you in a criminal case, what standing do you have to demand anything from him in a civil case?

The burden of proof is much lighter in a civil case. No real presumed innocence until proven guilty, and proof is not necessarily required to be beyond a reasonable doubt. A preponderance of evidence in favour of a claim may suffice.

 

[xer0h0ur]

Only problem is that there is no proof at all far as I can tell and the evidence of which there is, well, is nowhere near in favor of the accuser.

 

[Ares]

Only problem is that there is no proof at all far as I can tell and the evidence of which there is, well, is nowhere near in favor of the accuser.

Yeah.... I mean even if the burden of proof is lighter... you have to prove you were wronged and deserve some kind of compensation.

If the argument is "Well we cannot prove he raped me, but let's assume he did so he owes me money" I don't know how you win that?

Couldn't Kane counter sue her for dragging his name through the mud?

 

[LordKOTL]

Assuming she was raped or at least sexually abused/assaulted, if it happened on Kane's property he's probably liable.

 

[Samurai]

Assuming she was raped or at least sexually abused/assaulted, if it happened on Kane's property he's probably liable.

Only if she slipped on his freshly waxed floor...and subsequently got a boo-boo on her knees, heiny and (also freshly waxed) vagoo...


...allegedly.

 

[xer0h0ur]

Assuming she was raped or at least sexually abused/assaulted, if it happened on Kane's property he's probably liable.

Except she clearly accused Patrick Kane of the rape. Not anyone else, and the rape kit basically shot that shit right down. What is she going to do now? Change her story that it was Kane's boys that actually did the raping? I am sure that would go over real well. She's fucked.

 

[Ares]

Except she clearly accused Patrick Kane of the rape. Not anyone else, and the rape kit basically shot that shit right down. What is she going to do now? Change her story that it was Kane's boys that actually did the raping? I am sure that would go over real well. She's fucked.

Yeah I mean this isn't like the Trayvon Martin case where you knew Zimmerman shot him, but the question was whether he was guilty of a crime.

In a case like that you can be found not-guilty of the crime, but then a civil case could ensue for damages because you still know that Zimmerman shot Trayvon, there is evidence that he was the one who shot him.

This girl accused Kane of rape, but there is no compelling evidence we know of that she was raped or assaulted, if there was... they would charge Kane with rape or assault I would think.

Maybe she goes to a civil case hoping he will just settle it to get it over with.

 

[LordKOTL]

Except she clearly accused Patrick Kane of the rape. Not anyone else, and the rape kit basically shot that shit right down. What is she going to do now? Change her story that it was Kane's boys that actually did the raping? I am sure that would go over real well. She's fucked.

I have heard no legit souce specifically saying she accused Kane of rape. Every souce I heard about the actual accusation proper came from souces that make JJ, Ecklund, and Berenstein look like Walter Cronkite.

If she specifically accused Kane, you're right. If the accusation was that she was raped, but TMZ...er...the Buffalo media spun it, she may have a case.

 

[biscuit_in_the_basket]

I have heard no legit souce specifically saying she accused Kane of rape. Every souce I heard about the actual accusation proper came from souces that make JJ, Ecklund, and Berenstein look like Walter Cronkite.

If she specifically accused Kane, you're right. If the accusation was that she was raped, but TMZ...er...the Buffalo media spun it, she may have a case.

That is all I have heard as well, which is why it has officially only been an "investigation of an incident at Patrick Kane's residence".

 

[biscuit_in_the_basket]

How does this work as a civil case?

If you cannot prove Kane harmed you in a criminal case, what standing do you have to demand anything from him in a civil case?

Read up on OJ Simpson's murder trial (which he won), and subsequent Brown Family civil case (which he lost).

 

[italianbeef]

I have heard no legit souce specifically saying she accused Kane of rape. Every souce I heard about the actual accusation proper came from souces that make JJ, Ecklund, and Berenstein look like Walter Cronkite.

If she specifically accused Kane, you're right. If the accusation was that she was raped, but TMZ...er...the Buffalo media spun it, she may have a case.

http://www.bizjournals.com/buffalo/...2015/10/da-weighs-in-on-kane-case-fiasco.html

Sedita said he originally gave the DNA results to each side because he thought it was fair. He added that he has an ethical obligation to provide that information when a prosecutor comes across evidence that is favorable or can exonerate the accused.

That seems to corroborate the leak of her accusation.

Unless her charge was that five guys filled every hole, and they only found DNA from two.

 

[Samurai]

Criminal cases must be proved "beyond a reasonable doubt", whereas civil cases are proved by lower standards of proof typically known as "the preponderance of the evidence" ...meaning the defendant more likely than not did what he/she was accused of.

 

[southern_cross_116]

Reading JJ's latest blog ... and of course half of the respondents are into the oft-repeated Chicago trait of soap opera-ing sports teams and personalities.

It goes something like this (paraphrasing here) 'Grrrrr, they will never trade 88; he's elite, never replace him....' blah blah blah ...

Look, they traded Denis Savard for Chris Chelios ... Savard was producing and extremely popular when it happened -it still happened. . . if that can happen (and it did), then trading Kane can happen.

The same applies to Gretzky to LA -but I wanted a Chicago specific example...

And the (heretofore) unstated theme - I sure wish some people would actually bother to learn a little history... :/

 

[LordKOTL]

http://www.bizjournals.com/buffalo/...2015/10/da-weighs-in-on-kane-case-fiasco.html

Sedita said he originally gave the DNA results to each side because he thought it was fair. He added that he has an ethical obligation to provide that information when a prosecutor comes across evidence that is favorable or can exonerate the accused.

That seems to corroborate the leak of her accusation.

Unless her charge was that five guys filled every hole, and they only found DNA from two.

If her explicit accusation was that Patrick Kane raped her (regardless of what we know), her case went up in flames like Vancouver after losing the Stanley Cup.

If her accusation doesn't explicitly name her attacker she may still have a leg to stand on. It might be splitting hairs but I think it's an important point. If there was only allusion to Kane being the rapist it's not a direct "Kane Raped Me."

Again, nothing is concrete. She very well could have fingered Kane <pun intended>, or her story could have just implied he was involved and TMZ, Buffalo Branch ran with it.

Plus, from the civil side if she only implied it makes her appear like, if she was indeed raped at his residence, that she got flustered in the event and can win sympathy points. If she explicity accused him her case just went down like Paris Hilton trying to get out of a DUI.

 

[xer0h0ur]

Hold the banana phone then. So Kane was publicly humiliated and crucified over an investigation in which the accuser didn't even name a perpetrator? This fiasco becomes shittier by the week to me. I thought she had explicitly accused Kane of the dirty deed. Are they even going to bother trying to identify the, ugh, sperm donors that did leave behind their marks on her clothing?

 

[biscuit_in_the_basket]

Hold the banana phone then. So Kane was publicly humiliated and crucified over an investigation in which the accuser didn't even name a perpetrator? This fiasco becomes shittier by the week to me. I thought she had explicitly accused Kane of the dirty deed. Are they even going to bother trying to identify the, ugh, sperm donors that did leave behind their marks on her clothing?

Pitchforks tend to come out before details, facts, and reason. Besides, it sells more paper....err page clicks.

 

[Gustavus Adolphus]

All of this makes me wish I thought he did it, so I could apologize to him now.