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Kane plea deal brings conditional discharge
Updated: August 21, 2010, 1:35 AM
Moments after hockey star Patrick Kane pleaded guilty Thursday to a noncriminal violation that will spare him any jail time, his defense attorney offered a spirited defense on behalf of the 20-year-old South Buffalo native.
Kane and his cousin, James Kane, 21, pleaded guilty to disorderly conduct, and Chief City Court Judge Thomas P. Amodeo gave each a conditional discharge. That means they won’t go to jail as long as they have no more problems with the law for one year.
As part of the plea deal, both Kanes must write apologies to the taxicab driver, Jan Radecki, 62, whom they were accused of assaulting in his cab early on the morning of Aug. 9.
There won’t be any trial, but Paul J. Cambria Jr., representing Patrick Kane, defended his client outside the courtroom.
“Neither Patrick nor James Kane committed a crime, and they have not been convicted of a crime,” Cambria told reporters.
Cambria also cited Radecki’s previous scrapes with others, chided reporters for assuming his client was guilty and emphasized that the Kanes did not plead guilty to any crime.
The defense attorney said Radecki previously was convicted of harassment,
for striking another cab driver, a woman, over a fare, and Cambria said a doctor told him he had a similar “unpleasant encounter” with Radecki. Cambria also pointed out that keeping a taxi’s back doors locked and refusing to let passengers out can be considered unlawful imprisonment in some communities.
Cambria criticized some of the local and national media for assuming that the allegations against the Kanes were true. He suggested the two cousins were victims of “reverse special treatment,” apparently because of Patrick’s celebrity.
The defense attorney was asked whether he could deny that his client struck the taxicab driver.
“I have absolutely no basis to say that he struck Mr. Radecki,” Cambria said, pointing out that neither he nor any of the reporters was inside the cab. “I think you should respect the presumption of innocence, and you should respect the disposition here.”
Inside the courtroom, prosecutor Paul E. Bonanno spelled out the details of the plea agreement worked out with defense attorneys Cambria and Joel L. Daniels.
One of the conditions involved what Bonanno called a direct apology to Radecki, as has been requested by Radecki’s attorney, Andrew C. LoTempio.
“I insisted that an apology be a condition of the plea,” Erie County District Attorney Frank A. Sedita III explained later. “I didn’t care if it’s a public apology on the steps of the courthouse or a private apology. But I thought it was important for the defendants to take personal responsibility for their actions.”
Amodeo asked each of the Kanes whether he acted in a manner that violates the law covering disorderly conduct.
“Yes, sir,” said James Kane, a senior at Fredonia State College.
“Yes, your honor,” Patrick added.
Then Patrick Kane addressed the court for 25 seconds.
“I mean, obviously I’m sorry about the situation that I caused for Mr. Radecki, and obviously I’m in a little bit of a different situation than most kids at this age,” he told Amodeo. “But at the same time, I think it’s something of a learning lesson and something I want to move forward on, and you know like I said, it’s maybe better to learn now than later in life, and you can learn from the situation and continue on with your life and move forward.”
By pleading guilty to disorderly conduct, the Kanes could have received up to 15 days in jail and a $250 fine each. Legal observers have said jail time usually is not given to first-time offenders in such incidents.
Before giving the Kanes conditional discharges, Amodeo said it was “amazing” to him that they found themselves in that situation, citing “all the other alternatives you had to deal with this situation.”
Then he imposed the sentence that also included $125 each in court surcharges. The sentence did not include restitution for Radecki.
Amodeo stressed that he was imposing the same type of sentence he would impose on defendants accused of similar acts who had no prior criminal record.
Sedita also was adamant Thursday that he treated this case like any other similar incident.
“The resolution in and of itself is consistent with what we do in other cases with similar facts,” the district attorney said. “You can ask any Buffalo City Court judge.”
Sedita also lamented what a huge story this case became.
“I find it absolutely ludicrous how the cult of celebrity pervades the criminal-justice system,” he said. “A case like this is usually disposed of in short order with no fanfare.”
Following the plea, both Kanes left the courtroom with their parents.
Patrick Kane then made a brief statement, once again apologizing to his family, his fans, the Chicago Blackhawks organization and the citizens of Buffalo. Then he said it was time to move on, to rejoin the Blackhawks and hopefully represent his country in the Olympics.
Both Kanes spent about four hours in jail after Buffalo police arrested them on felony robbery charges for the early-morning dispute. Radecki drove them from Chippewa Street to the Canisius College area and initially locked them in his cab as they argued over the fare.
An Erie County grand jury two weeks ago indicted both Kanes on misdemeanor third-degree assault and theft of services charges and a noncriminal harassment charge. The grand jury dismissed the felony robbery charges originally lodged by police.
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