Bottom line, the supposed "evidence" bag that once held the rape kit (the one paraded at the press conference on Wed.), was NOT an evidence bag, nor did it EVER contain the rape kit. The paper bag was given by hospital staff to the accusers MOTHER who was to place the top she was wearing in it, whereby it would be collected by police...who would immediately meet with them at their home. A small but important note, is that the accuser changed her top prior to going to the hospital. Eventually, both tops (and other articles of clothing) were gathered by police, and placed in their own ACTUAL evidence bags.
The rape kit proper, is a box that may/may not be transported within another box. It is NEVER contained within a bag.
The "rape kit bag" "discovered" by the accusers mother is the very one given her by the hospital. She therefore knew what it was, and from whence it came.
Under NY statutes, the Mother's hoax is NOT a crime, however, the DA is looking into the possibility of alternatives. His other focus currently, is to see if the accuser had any part in the shenanigans. That however, is hard to ascertain due to the accuser cannot be spoken to without her legal council present. That said, the investigation of that possibility is ongoing.