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Plea deal likely for Kane cousins in dispute with cabbie

Published:August 21, 2009, 6:43 AM

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Updated: August 21, 2010, 1:26 AM

Both sides still are talking about a possible plea deal in the Kane cousins’ criminal case, with prosecutors pushing for a guilty plea to a noncriminal violation, probably harassment.

Defense attorneys are listening to that offer while also suggesting a possible adjournment that could lead to the charges being dismissed in six months, sources confirmed following Thursday’s arraignment in Buffalo City Court.

Any plea deal would be highly unlikely to include jail time for either hockey star Patrick T. Kane, 20, or his cousin, James M. Kane, 21, sources have said.

Both Kanes pleaded not guilty to misdemeanor and violation charges in their five-minute court appearance before Chief City Judge Thomas P. Amodeo.

In a statement to reporters outside the courthouse, Kane, the Chicago Blackhawks star and South Buffalo native, talked briefly about hockey before referring to his legal problems.

“Today was a tough day for us,” Kane said, while accompanied by his parents, Donna and Pat. “You know, I just reiterated to the judge that I’m not guilty of any crime, and I’m confident in the legal process . . . Right

now, much more can’t be said.”

The Kanes have been accused of punching Buffalo taxicab driver Jan Radecki and taking money from him following an early-morning cab ride Aug.

9. They have been charged with third-degree assault, theft of services and harassment.

The dispute inside the taxicab escalated as Radecki insisted on being paid before he would unlock the back doors, while the Kanes demanded that he unlock the doors, according to law-enforcement sources and police reports.

Those familiar with what happened inside the cab have questioned the oft-quoted scenario that the argument was over 20 cents. Instead, they said that the Kanes gave Radecki $15 for the $13.80 ride; then, after the argument grew more heated, they became upset and angrily demanded change from their $15.

Any plea deal hammered out by the Erie County district attorney’s office and defense attorneys, while unlikely to lead to jail time, could include any combination of restitution for Radecki’s direct expenses, community service and even an apology.

District Attorney Frank A. Sedita III has said that one of the factors considered in any plea deal is the wishes of the victim.

Radecki’s attorney, Andrew C. LoTempio, has said his client wants a public apology but not any jail time or criminal record for the Kanes.

Amodeo granted the requests of defense attorneys Paul

J. Cambria Jr., representing Patrick Kane, and Joel L. Daniels, representing James Kane, to allow their clients not to appear at the next scheduled court session at 10:30 a. m. Thursday.

The judge also agreed to prosecutor Paul E. Bonanno’s request that the defendants stay away from any contact with Radecki.

“We’d like him to stay away from us as well,” Cambria replied.

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