BUFFALO, N.Y. (WIVB)- The District Attorney’s office is now trying to figure out who was involved in what they’re calling a hoax to discredit forensic evidence.
The mother of the woman accusing Patrick Kane of rape claimed an evidence bag was ripped open and placed at her front door. The accuser’s lawyer Thomas Eoannou announced the claims to the media and then took himself off the case the next day, saying he no longer had confidence in the mother’s story.
District Attorney Frank Sedita’s office investigated and determined the claim of evidence tampering is false.
Eoannou, is not criminally culpable, said Sedita. He also said the alleged victim’s mother does not face charges right now, despite her falsely telling Eoannou that evidence had been tampered with.
“It is not a crime in the State of New York to make fraudulent representations to a private person,” said Sedita. “We will study the law, we will look at the law but I think it is unlikely that criminal charges will be brought against the complainant’s mother.”
Sedita told the media it would only be a crime if the mother made those statements under oath and he said investigators never asked her to go under oath when questioning her about the claim.
Now, the attention turns to her daughter.
“Generally speaking the sins of the mother and father are not usually transferrable to the daughter or the son,” said Sedita. “If the investigation reveals that the complainant was somehow involved in this, knew about this, that could be relevant.”
The District Attorney said he hasn’t talked to the daughter yet about this hoax.
“I am not permitted to talk to the complainant,” said Sedita. “The complainant very promptly retained two lawyers Mr. Eoannou, a criminal defense attorney, and Mr. Cercone, a civil attorney.”
Mr. Eoannou no longer represents the alleged victim.
The case will now either be administratively closed or go in front of an Erie County grand jury.
“The question in my mind is not when this case will go to a grand jury, it’s if it will go to a grand jury,” said Sedita.
Sedita said they’re still looking at forensic evidence and doing follow up interviews. He told News 4 the rape allegations are still under investigation.