Former DA weighs in on evidence tampering claims

BUFFALO, N.Y. (WIVB) — Erie County’s former top prosecutor says if claims of evidence tampering in the Patrick Kane investigation are true — that an evidence bag was left at the door of the mother of Kane’s accuser — it’s very disturbing.

“That is such a breach in the chain, and such a violation of all standards of evidence that I would have gone crazy,” said former Erie County District Attorney Frank Clark.

A lawyer for the alleged victim claims the woman’s mother found a rape kit evidence bag ripped open at the front door of her home.

“That evidence, whatever it might have been, favorable to Kane or not favorable to Kane is now inadmissible as far as any judicial proceeding is concerned. That’s out the door,” Clark said.

Clark says maintaining the integrity of evidence is critical during any investigation, and that normally evidence is locked up and accounted for at all times.

“Evidence can be kept in one bag or it can be kept in several bags. But the way it’s accounted for, the way it’s stored and kept under secure facilities is all the same, Clark said.

Erie County Commissioner of Central Police Services John Glascott issued a statement regarding the latest developments.

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

The Town of Hamburg Police Department said it “will cooperate with any authorized investigation regarding the handling of evidence and the procedure of such.” According to a statement released on Facebook, “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.”

Meanwhile, Frank Clark believes this is a mystery that should be able to be solved.

“If I were the one overseeing it, I would want an independent agency to come in and conduct the investigation.” provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review. Note: Comments containing links are not allowed.

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