Erie County Official Says All Evidence in Kane Case is Accounted For

Attorney Thomas J. Eoannou said during a news conference Wednesday that the rape kit evidence bag was ripped open and anonymously delivered to the woman's mother's home

Erie County officials are disputing allegations that a rape kit evidence bag had been tampered with in an investigation into an assault allegedly involving Patrick Kane.

Erie County Commissioner of Central Police Services John Glascott said in a statement Wednesday "all evidence related to this case that was given to Erie County Central Police Services by the Town of Hamburg Police Department is accounted for and remains in its original packaging in the possession of Erie County Central Police Services."

"This includes the evidence in the rape kit and the packaging itself," the statement read. "This evidence has been analyzed and reports of that analysis sent to the appropriate agencies."

Attorney Thomas J. Eoannou claimed during a news conference Wednesday that the rape kit evidence bag was ripped open and anonymously delivered to the alleged accuser's mother's home.

"In my 30 years-plus of being both a prosecutor and a defense attorney, I have never seen an evidence bag outside of a police lab, a prosecutor's office or a courtroom, let alone find one in the doorway of a rape victim's mother's home," he said.

He called the incident a "significant development in the case" and said he is asking for an independent investigation by law enforcement.

"On behalf of my client, we'd like to thank the person who anonymously placed the bag in the doorway of her mother's residence, but we'd also like the person to come forward and cooperate with authorities," he said.

Kane's attorney said that DNA results from the rape kit are still valid, despite the claims that the evidence had been tampered with.

“Obviously, somebody else isn’t happy with the results," said attorney Paul Cambria. "They would have a reason to say it’s compromised. We have none.”

Cambria argued that the development changes nothing, unless someone can present evidence that the tests themselves were compromised.

"No one’s making a claim that the chain from the hospital to the police to the lab to the lab technician’s report has been tampered with," he said. “Somebody is trying to claim that now there is a problem with the evidence, and my question is, is that someone who isn’t happy with the results?”

Hamburg Police in a statement Wednesday said it would "cooperate with any authorized investigation regarding the handling of evidence and the procedure of such."

"That said, The Hamburg Police Department has documentation that unequivocally demonstrates that its handling of the evidence and the integrity of its chain of custody of evidence in this case is unassailable," the statement read.

The news comes days after reports surfaced detailing results from a rape kit conducted during the investigation. Those reports claimed no trace of Kane’s DNA was found on his accuser’s genitals or undergarments.

Cambria confirmed Wednesday that no trace of Kane's DNA was found from the waist down.

“We have a solid report from the technician who works for the county that none of my client’s DNA was found on the girl from the waist down," he said. “A quote 'mixture' of DNA was found from males, and it’s not my client. And that’s important. And that has not been challenged.”

He added that he wanted the opportunity to independently test the evidence "to see if there is even more evidence that is favorable to my client."

Cambria also said there have been no settlement talks between the two sides and noted the only one who could be hurt by potential evidence tampering is Kane. 

“Unless they can show that the exhibit has been compromised from the time it was collected from the girl until the time it was tested, the results are intact, and they clearly eliminated Patrick Kane as a contributor of DNA," he said.

Still, Eoannou said he plans to call for an independent law enforcement investigation.

"On behalf of my client, we'd like to thank the person who anonymously placed the bag in the doorway of her mother's residence, but we'd also like the person to come forward and cooperate with authorities," he said.

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