A bag that allegedly contained evidence from the rape investigation into NHL star Patrick Kane what was left outside the victim's mother's front door was falsified and planted by the mother, the District Attorney in Eerie County, New York said Friday.
On Wednesday, the alleged victim's attorney, Thomas Eoannou, held a news conference saying a brown bag containing evidence – including his client's rape kit – had been ripped open and left on her mother's doorstep.
Eoannou indicated that the chain of custody of the rape kit, which is essential to preserving admissibility of evidence in a trial, had been broken with the evidence in his client's case, and a "good samaritan" had delivered it to the mother's home. The attorney pointed out initials from the nurse and the alleged victim, used to indicate that the evidence was in fact the original collection from the alleged victim.
Thursday night, Eoannou removed himself as counsel for the alleged victim due to ethical concerns.
Erie County District Attorney Frank Sedita said Friday that Eoannou's information wasn't true.
The evidence bag and brown bag presented by Eoannou on Wednesday was not the evidence taken from the alleged victim in August. The rape kit and other evidence remain in police custody and are fully intact, according to the DA.
Sedita on Friday presented a point-by-point walk-through of who was in possession of the legitimate rape kit and evidence.
Video of the certifiable rape kit was shown being placed in a locker by an investigator:
Sedita revealed that the brown bag that the victim's mother claimed was left on her doorstep was actually given to her when her daughter, the alleged victim, went to the hospital after the alleged incident. The mother was the last known person to have possession of the brown bag, which contained a shirt the alleged victim was wearing the night of the incident in question.
"Rape kits come in boxes. They don't come in bags," Sedita said.
The District Attorney called it an "elaborate hoax" by the accuser's mother.
He said he did not believe the mother could be charged with a crime under existing law in the state of New York. She gave her statement to Eoannou, the attorney, but was not under oath, and is therefore not subject to perjury. Sedita believes there is not currently a law against "misrepresenting a private person."
Sedita was clear that the mother's actions are not immediately indicative of wrongdoing or any hoaxing by her daughter, Kane's accuser. He said children often operate independently of a parent's motives. However, whether or not the alleged victim was in on the hoax perpetrated by her mother will play a huge role in determining whether or not this case goes to trial, he said. An investigation to determine the extent of the alleged victim's involvement in the hoax will take place, Sedita said.
As for Eoannou, Sedita said he felt he was being "reckless" by holding the press conference Wednesday, but not unethical. He said Sedita had sent photos of the ripped "evidence" bag to the DA's office, but did not wait to hear back about the validity of the bag before going to the press.
As for now, the investigation into Patrick Kane is "ongoing," according to the DA. The Blackhawks and NHL have allowed Kane to play in training camp while the investigation plays out.
From Sedita's perspective, the case is not a matter of "when this case will go to a grand jury," but "if this case will go to a grand jury."