After a three-month investigation, Patrick Kane will not face criminal charges.
Thursday morning Erie County district attorney Frank A. Sedita, III announced the following, noting that the case is rife with reasonable doubt:
The Town of Hamburg Police Department and the Office of the Erie County District Attorney have conducted an exhaustive investigation over the course of the past three months regarding allegations made by a 21 year-old woman that 26 year-old Patrick Kane raped her on his bed. The investigative findings include the following:
- There are significant material inconsistencies between the complainants accounts and those of other witnesses.
- The DNA results lend no corroboration whatsoever to the complainants claim of penetration, a required element of proof for a rape charge.
- The physical evidence and the forensic evidence, when viewed in tandem, tend to contradict the complainants claim that she was raped on Kanes bed.
- Although Kane has exercised his constitutional right to remain silent (which prohibits questioning by law enforcement), he has made no known incriminating statements to any civilian, nor has he engaged in any conduct consistent with a consciousness of guilt.
Additionally, the complainant, after consultation with her attorney, has decided that she does not wish to go forward with a criminal prosecution. She has recently signed what is commonly referred to as a Non-Prosecution Affidavit that states, in relevant part: That after fully discussing all the circumstances with my attorney, I have decided I do not wish to criminally prosecute the charges which stem out of this investigation. I do so of my own free will and without any promises or compensation.
So ya.