You're asking for a source for Mexico Hawk's comment about a new witness coming forwar

I asked too, if this was a new witness, or the woman (a friend of the accuser) who we've known all along was in the house.

I have not seen a response.

ABC News Chicago is reporting the case could go to the grand jury next week - meaning the GJ begins hearing testimony then, and their investigation and deliberations could take several weeks:

http://abc7chicago.com/sp...nd-jury-next-week/970916/

The article also says: prosecutors could file charges without a grand jury indictment, although going to the grand jury would carry more weight, and that they aren't supposed to go to a GJ unless they are convinced that they have enough evidence to get an indictment.

So - the "fact" that all felonies in NY state require a grand jury proceeding seems to be not a "fact".

It also seems that reports of a "new witness" aren't true.

Lots of mis-information being reported here.
- StLBravesFan

I heard a report saying everyone that was in the house that night could go before the GJ....they could request Kane do so too.

I heard a report saying everyone that was in the house that night could go before the GJ....they could request Kane do so too.
- Al

That would all be logical - but Kane, of course, could refuse to testify.

JJ,

Any thoughts on the Rookie Tourny?

That would all be logical - but Kane, of course, could refuse to testify.
- StLBravesFan

Can Testimony to Grand Jury be used at trial?

I wonder if it might be a mistake for Kane not to testify as testimony of complainant would not be refuted. This would be even more pronounced since his lawyer won't be there to cross examine her.

For Kane, avoiding an indictment is huge since it would almost certainly cost him a good chunk if not a full season of hockey.

You're asking for a source for Mexico Hawk's comment about a new witness coming forwar

I asked too, if this was a new witness, or the woman (a friend of the accuser) who we've known all along was in the house.

I have not seen a response.

ABC News Chicago is reporting the case could go to the grand jury next week - meaning the GJ begins hearing testimony then, and their investigation and deliberations could take several weeks:

http://abc7chicago.com/sp...nd-jury-next-week/970916/

The article also says: prosecutors could file charges without a grand jury indictment, although going to the grand jury would carry more weight, and that they aren't supposed to go to a GJ unless they are convinced that they have enough evidence to get an indictment.

So - the "fact" that all felonies in NY state require a grand jury proceeding seems to be not a "fact".

It also seems that reports of a "new witness" aren't true.

Lots of mis-information being reported here.
- StLBravesFan

Based on the information in the article, there is a conflict of "facts" between the author of the article and "BroadwayJay" who claimed to be a practicing defense attorney in N.Y. Now, maybe "Jay" was just some internet schmo masquerading as a member of the NY Bar, but he was quite convincing in his proffered knowledge of NY law so I choose to believe his statements over a guy writing an article. He specified feloniy charges required GJ indictments, not simply "charges" which would include misdemeanor charges.

EDIT: getting my blogs mixed up ... there was a guy claiming to be a NY defense attorney posting on another blog that claimed NY law required GJ indictment for all felony charges - not MexicoHawk, who made the same statement, but not claiming to be a NY defense attorney. Sorry for the confusion.

Based on the information in the article, there is a conflict of "facts" between the author of the article and "BroadwayJay" who claimed to be a practicing defense attorney in N.Y. Now, maybe "Jay" was just some internet schmo masquerading as a member of the NY Bar, but he was quite convincing in his proffered knowledge of NY law so I choose to believe his statements over a guy writing an article. He specified feloniy charges required GJ indictments, not simply "charges" which would include misdemeanor charges.
- EbonyRaptor

I don't know - perhaps it IS a distinction between a potential felony charge vs. a potential misdemeanor charge - seems if you have a grand jury system, it should be set up as a requirement for all felonies, I guess.

But the ABC Chicago article says....

EDIT TO ADD: The NY County District Attorney's Office web site does say "Ynder NY State law,unless the defendant consents, all felony cases must be presented to the Grand Jury".

So - my speculation is apparently in error.

Yesterday's interview...

Kane trade? Sharp/Saad deals-Daley/TVR roles? Kruger signing-Bickell-TT's role?
Nick Alberga-NHL Radio-Blackhawks Talk http://chirb.it/d6Hzhf

@AlCimaglia

You're asking for a source for Mexico Hawk's comment about a new witness coming forwar

I asked too, if this was a new witness, or the woman (a friend of the accuser) who we've known all along was in the house.

I have not seen a response.

ABC News Chicago is reporting the case could go to the grand jury next week - meaning the GJ begins hearing testimony then, and their investigation and deliberations could take several weeks:

http://abc7chicago.com/sp...nd-jury-next-week/970916/

The article also says: prosecutors could file charges without a grand jury indictment, although going to the grand jury would carry more weight, and that they aren't supposed to go to a GJ unless they are convinced that they have enough evidence to get an indictment.

So - the "fact" that all felonies in NY state require a grand jury proceeding seems to be not a "fact".

It also seems that reports of a "new witness" aren't true.

Lots of mis-information being reported here.
- StLBravesFan

Growing a beard waiting for the source of this assertion ...

Also, an "eyewitness" would have to have personally observed the alleged rape ...
highly doubtful, IMO.

Also, the statement that all cases must go to a grand jury "unless the defendant consents" is nonsensical, in that it "must" go, and if the defendant "consented," it would still go there. Did someone mean unless the defendant OBJECTS?

Defendants testifying before grand juries is extremely risky. They can make what can be construed as "admissions." They could say something that might conflict with later trial testimony. It would also tip the prosecution to your defense and the evidence you would use in presenting it.

This plain sucks. The Hawks are screwed whether Kane is guilty or innocent. We have a whopping TWO legitimate top six forwards to start the season. Toews is the top scoring between them, with a whopping 66 points, and he will be joined by a geriatric Hossa in his 18th season. Stan's collection of bottom sixers obtained in trades for Saad, Sharp, and Johns aren't going to do a damned thing to help a team with only a "top two" and 3 proven, defensively responsible defensemen. 2011 is starting to look good ...

Yesterday's interview...

Kane trade? Sharp/Saad deals-Daley/TVR roles? Kruger signing-Bickell-TT's role?
Nick Alberga-NHL Radio-Blackhawks Talk http://chirb.it/d6Hzhf

@AlCimaglia
- Al

Very nize. This offseason is killin me. How long can this go on?

Very nize. This offseason is killin me. How long can this go on?
- hocktock

I think as far as Kane and playing hockey goes it will be quite awhile.

Him being suspended but not charged is exactly what I am talking about though. Voynov was suspended prior to being charged. The Kings did not get cap relief until Voynov was charged. At which point Kings got salary relief exactly as if Voynov was placed on LTIR. There was also a chance of Voynov not being charged when he was suspended.

The league obviously could do things differently with Kane than they did with Voynov. But I'm not sure why they would. All it does is open the league up to the perception of playing favorites. A policy of "Under felony investigation, suspended; charged thus unlikely to be quickly cleared up, team gets cap relief same as LTIR" seems simple enough, and applying it to everyone stops the controversy they already deal with for Department of Player Safety suspensions from spreading to stuff that is national news.
- Antilles

Seems like a convoluted process. Hopefully that piece of garbage (voynov) gets deported.

Seems like a convoluted process. Hopefully that piece of garbage (voynov) gets deported.
- fattybeef

Certainly...And when the NHL/NHLPA doesn't have anything etched in stone for similar cases it leads to subjectivity and inconsistency.

I'd be careful of accepting media explanations of the legal process. Seems like New York and Illinois have different legal processes. Sometimes they let facts get in the way of their stories or fail to bother to do the research.

Growing a beard waiting for the source of this assertion ...

Also, an "eyewitness" would have to have personally observed the alleged rape ...
highly doubtful, IMO.

Also, the statement that all cases must go to a grand jury "unless the defendant consents" is nonsensical, in that it "must" go, and if the defendant "consented," it would still go there. Did someone mean unless the defendant OBJECTS?

Defendants testifying before grand juries is extremely risky. They can make what can be construed as "admissions." They could say something that might conflict with later trial testimony. It would also tip the prosecution to your defense and the evidence you would use in presenting it.

This plain sucks. The Hawks are screwed whether Kane is guilty or innocent. We have a whopping TWO legitimate top six forwards to start the season. Toews is the top scoring between them, with a whopping 66 points, and he will be joined by a geriatric Hossa in his 18th season. Stan's collection of bottom sixers obtained in trades for Saad, Sharp, and Johns aren't going to do a damned thing to help a team with only a "top two" and 3 proven, defensively responsible defensemen. 2011 is starting to look good ...
- Q...argh

I think that was poorly worded or taken out of context because I think it was meant to mean "unless the defendant consents to waive a GJ". The "to waive" part was either implied or missing.

I'd be careful of accepting media explanations of the legal process. Seems like New York and Illinois have different legal processes. Sometimes they let facts get in the way of their stories or fail to bother to do the research.
- walleyeb1

THIS^^^^^
And, sometimes subtlety is lost on them and they use a broad brush where they shouldn't. I've seen enough of things that I have had personal knowledge of get misreported; don't trust the media for important things or assume that they have it right.

I'd be careful of accepting media explanations of the legal process. Seems like New York and Illinois have different legal processes. Sometimes they let facts get in the way of their stories or fail to bother to do the research.
- walleyeb1

Yes imo the media has perfected phishing. I do like the process where it is going through the grand jury and this is not part of any political push or message. The girls rights are being taken seriously and honored, so all we can do is sit back ignore all the misinformation the media and others are providing, wait for an out come, in the meantime Mr Kruger needs a contract Mr Bowman, chop chop

Can Testimony to Grand Jury be used at trial?

I wonder if it might be a mistake for Kane not to testify as testimony of complainant would not be refuted. This would be even more pronounced since his lawyer won't be there to cross examine her.

For Kane, avoiding an indictment is huge since it would almost certainly cost him a good chunk if not a full season of hockey.
- Canada Cup

No it can't. Nothing in the grand jury proceedings is admissible at trial unless one of the witnesses dies. None of the testimony is compelled either, which means it's perfectly okay for any witness or defendant to stonewall the DA.

No it can't. Nothing in the grand jury proceedings is admissible at trial unless one of the witnesses dies. None of the testimony is compelled either, which means it's perfectly okay for any witness or defendant to stonewall the DA.
- Sandus

Not compelled? Are they not subpoenaed and under oath? Not sure I understand.

I'd be careful of accepting media explanations of the legal process. Seems like New York and Illinois have different legal processes. Sometimes they let facts get in the way of their stories or fail to bother to do the research.
- walleyeb1

Like all of us at times...

JJ,

Any thoughts on the Rookie Tourny?
- Beaver-Warrior

Never heard of either of the goalies.

Sorry Beav, been a long work weekend so far.

Not that it's related to anything, necessarily, but it's interesting that if you eat too many Twinkies you can be declared insane, but if you drink until your brain falls out your responsible. Just thinking about things. Ya know. Just sayin.

Oh, that's why I eat orange cupcakes.

Oh, that's why I eat orange cupcakes.
- hocktock

You need help

You need help
- Canada Cup

No, thanks. I don't eat that many.

Roe Conn discussion with legal expert Mike Monoco on his show. He says in this case they are not necessarily looking for an indictment - they might be, but this is a high profile case so might be different here. Could be prosecutor looking for a way out -- political cover -- a way to avoid being the decider. Also some discussion of the hockey options (potential suspension) and ramifications.
http://wgnradio.com/2015/...at-mean-in-the-long-run/y

Reprint of a Chicago Tribune article (viewable without a premium subscription). Interesting tidbit I haven't seen elsewhere - maybe another morphing in position?
"The team’s reticence [to say whether Kane will be at training camp or not] reflects the difficult situation facing the image-conscious Blackhawks, who sources say have grown tired of Kane’s off-ice behavior, while being equally reluctant to burn the superstar who has helped win three championships and has an $84 million contract. Sources say the team has mulled a number of options, including permitting Kane to take a personal leave of absence until the matter is settled."

And this from the same article:
"Still, he appears to be preparing for the coming season, as neighbors frequently have spotted him working out in the yard of his lakefront mansion in Hamburg, N.Y., which includes a basketball court outfitted with hockey goals."

"His [Sedita's] predecessor as district attorney, Frank Clark, said he expected Sedita to present the case to a grand jury to determine if Kane should be indicted. Sedita almost always sends high-profile investigations to a grand jury, even in cases that he doesn’t intend to prosecute. The move — which often prolongs investigations — prevents him from being the sole voice on the case."
http://www.elkharttruth.c...be-at-preseason-camp.html