Updates to the Kane situation

[Toast88]

One thing that's probably true: The longer we go without word, the better it is for Kane, although that doesn't handcuff what they can do, obviously.

 

[winos5]

If it's going before a grand jury doesn't that mean the DA thinks there is enough evidence to convict?

 

[Toast88]

EDIT: The New York District Attorney website states all felony cases must go in front of a grand jury for prosecution.


Depends. A prosecutor may call a grand jury to keep the heat off themselves if it's possible there's not enough evidence. That way, there's minimal public backlash for not filing charges if a grand jury takes it out of your hands. However, cases taken in front of a grand jury have a high rate of indictment because of the disproportionate amount of evidence shown in the prosecutor's favor. Then again, maybe it's super common to bring most cases in front of a grand jury in New York. I'm not sure. (Surely there's a New York attorney among us here who can shed light)

I'm not familiar with New York law, but I know usually police arrest a person, then forward the information to the prosecutor. The prosecutor then decides whether there's enough evidence for a conviction and decides to file charges or not. If charges are filed, you go in front of a magistrate for a preliminary hearing where you're shown the potential charges against you and the evidence against you. Then you proceed through the system from there.

It's worth noting that since there's been no arrest in this case, that MAY mean something. Cops only need probable cause to arrest you, not proof beyond a reasonable doubt like a prosecutor needs for a court conviction. If the victim filed a police report and they looked into it and didn't find sufficient probable cause, it would make sense for them to forward the case to the prosecutor, thus taking it out of the police's hands and putting the hot potato on the desk of the prosecutor.

 

[Chief Walking Stick]

EDIT: The New York District Attorney website states all felony cases must go in front of a grand jury for prosecution.


Depends. A prosecutor may call a grand jury to keep the heat off themselves if it's possible there's not enough evidence. That way, there's minimal public backlash for not filing charges if a grand jury takes it out of your hands. However, cases taken in front of a grand jury have a high rate of indictment because of the disproportionate amount of evidence shown in the prosecutor's favor. Then again, maybe it's super common to bring most cases in front of a grand jury in New York. I'm not sure. (Surely there's a New York attorney among us here who can shed light)

I'm not familiar with New York law, but I know usually police arrest a person, then forward the information to the prosecutor. The prosecutor then decides whether there's enough evidence for a conviction and decides to file charges or not. If charges are filed, you go in front of a magistrate for a preliminary hearing where you're shown the potential charges against you and the evidence against you. Then you proceed through the system from there.

It's worth noting that since there's been no arrest in this case, that MAY mean something. Cops only need probable cause to arrest you, not proof beyond a reasonable doubt like a prosecutor needs for a court conviction. If the victim filed a police report and they looked into it and didn't find sufficient probably cause, it would make sense for them to forward the case to the prosecutor, thus taking it out of the police's hands and putting the hot potato on the desk of the prosecutor.

Great info, TY!

 

[Tater]

Great info, TY!

Yes, thank you Toast.

 

[Bigfoot]

Thanks toaster

 

[Spunky Porkstacker]

Finally something real, a witness will testify in front of a grand jury on Tuesday of next week. Be a long holiday weekend for PK.

I did hear a report later today not mentioned in this article that said there were multiple subpoenas served supposedly to everyone that was at PK's home the morning of the incident for Tuesdays GJ hearing.

BUFFALO, NY – 2 On Your Side's Scott Levin has learned that a woman who was with Patrick Kane's alleged rape victim has been subpoenaed to appear before a grand jury on September 8.


Chicago Blackhawks player and south Buffalo native Patrick Kane is the focus of a rape investigation by Hamburg Police, although he has not been charged in the case.
A source who spoke with us about the investigation says Kane and the alleged victim were at Skybar in Buffalo on August 1 and went back to Kane's home in Hamburg. The source added the alleged incident occurred inside Kane's home and the alleged victim called police.

Former Erie County District Attorney Frank Clark says he does not expect any decisions to be made by the grand jury before the end of this month. In fact, he says this process could take weeks or even months to play out.
"Right now, it looks as though the decider as to whether or not Patrick Kane is guilty of any criminal conduct or not will be an Erie County grand jury," says Clark.
With no criminal charges filed, a grand jury will take up the Kane case. Clark says the grand jury process may have started some time ago.
"They may have been listening to the case for a while, and we're just finding out about it. Or it could be that both the police and the prosecutor felt that they had some investigative work to do before they were comfortable in starting a grand jury action," he says.
Defense attorney Frank LoTempio, III predicted this could happen when we spoke with him last month.
"The Hamburg police can file a criminal complaint, most likely a felony criminal complaint, have Pat Kane arraigned in Hamburg Town Court, and potentially within a couple weeks thereafter have a felony hearing which could move the case to the grand jury at that point in time. The other way is that the district attorney could actually directly present the case to the grand jury, which is a group of 23 people that sit and determine whether there's probable cause to believe that Mr. Kane committed this crime," LoTempio said.
Clark says it could very well happen that the prosecutor could say to the defense attorney that he will let Kane appear before this grand jury.
"Kane may well be asked to appear before the grand jury, if he wants to, and the prosecutor can allow the defense lawyer to suggest witnesses that he may want called before the grand jury and the prosecutor could allow that if he wants to. This is all now up to the prosecutor as to how much he wants to put before the grand jury, and how long he wants to take before he asks the grand jury to make a judgment," says Clark.
The actual grand jury proceedings themselves are secret under penalty of law in New York State.

linky

 

[Chief Walking Stick]

I wunder wat IB has been up 2?

 

[DMelt36]

I wunder wat IB has been up 2?

Let's not worry about that.

 

[Chief Walking Stick]

Let's not worry about that.

I'm not worried.

 

[CRM 114]

I'm not worried.

Yeah you are. You're the one who brought it up.

 

[Chief Walking Stick]

Yeah you are. You're the one who brought it up.

Curiosity does not equal worry, clown.

 

[Shantz My Pants]

Kane really got into a sticky situation this time. *dun dun tiss*

-This is my first post. Hello Chicago world

Hopefully it's your last.


Sent from my Texas Instrument Calculator

 

[CRM 114]

Kane really got into a sticky situation this time. *dun dun tiss*

-This is my first post. Hello Chicago world

Welcome to the forum! Disregard the above post.

 

[Shantz My Pants]

Sent from my Texas Instrument Calculator

 

[Shantz My Pants]

Media asked Keith today about Kane and he respectfully declined to make any comments. Guess Toews didn't get that memo.


Sent from my Texas Instrument Calculator

 

[BlackHawkPaul]

The mute button is going to be in full effect at training camp. Unfortunately, I'm missing it this year (flying back from AZ).

 

[Sunbiz1]

This is not looking good, grand juries almost always indict.

 

[HawkWriter]

http://sabres.buffalonews.com/2015/09/08/kane-grand-jury-postponed-sources-say/

Grand jury postponed due to possible settlement talks.

 

[Bigfoot]

Thanks for the link HW