Throwing Shade at the Homeless & Destitute

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I first saw Carrie Kemeling’s story where you’d sort of expect to find that story – on Facebook, with a link to Channel 7’s story. I thought it was sort of a cute idea, that someone would stand on the street corner handing out resumes seeking a job. But whoa:

“All of America drives by the homeless and says, ‘Why don’t you get a job?’ Their sign is getting read,” explained Kemeling.

According to her resume, she’s looking for a job in sales management and has experience as a sales representative, teller, consultant, design consultant and general store manager. She has a high school diploma.

What!? After reading what Kemeling told the Buffalo News, the idea doesn’t seem so cute anymore.

“If people can give money to somebody who is homeless and not looking for work, they can also help someone who is trying to help themselves,” she said. “I believe this is going to be a success story. People want to see self-motivation. And I’m not giving up on myself and never will.”

Homeless people have it tough enough that they don’t need millenial yuppies throwing shade at them. The poorest of the poor are in desperate need, but not for insults.

Only about 15% of homeless people are chronically so – the rest are temporarily without housing due to some misfortune. 9% of homeless people are veterans. Almost half of all homeless people are actually homeless families. What they need is shelter and food. You could give a homeless person a job today, but that won’t guarantee that they can afford instantly afford habitable housing.

Ms. Kemeling insinuated that, unlike her, homeless people are not “trying to help themselves”, or aren’t “self-motivat[ed]”. I disagree. I’m sure that if Ms. Kemeling had no food or shelter or money, she’d be trying – self-motivated – to help herself whatever way she can. If that means standing by an exit all day begging for spare change, that’s an effort, too.

So, she stands there – in the midst of a pretty poor neighborhood – handing out resumes out of self-motivation and helping herself.

“I’ve gotten lots and lots of positive support,” she said. “I’ve had few people stop and walk over to me to get a résumé. And some people have given me the thumbs up, so I’m feeling the Buffalo love.”

That’s nice. You’d figure she really needed a job, right?

On Friday, before she quit her job, she was at the site, and 20 people took her résumé. On Monday, she handed out 50 more and had a job interview at a temp agency by the afternoon.

Kemeling said she was offered a position but didn’t accept it because the compensation “wasn’t what she wanted.”

So, she’s self-motivated, but, unlike a destitute homeless person, she’s also picky! She had a job, which she quit last Friday.

Kemeling had worked as a sales representative at Brian Michael’s Jewelers in the Town of Tonawanda for almost three years until quitting Saturday.

“Even though I had a job, I’m still looking for better and I know I’m better,” she said. “I’m looking to find a company who is willing to invest in me and I’m investing in them as well. I’m really extremely trainable.”

“I know I’m better” is the special snowflake disease.

She said she’d been “looking to advance myself for the past year. I sent résumés but didn’t get a response. So now I have the time to stand here and actually put myself out there. If I’m going to give my résumé to someone, I want to give it to someone who wants it.”

She said her strengths are in retail sales, marketing and creativity, pointing to her unorthodox job search as an example.

I’ve worked retail before. I don’t remember using a resume to get that sort of job. I remember hustling from place to place and filling out innumerable applications before landing a retail position.

Kemeling has a high school diploma, and before coming to Buffalo, worked as a teller at a credit union in South Carolina.

I think I might know why her resumes for marketing jobs aren’t getting a lot of traction. She told WKBW that she couldn’t afford a degree. She’s a NYS resident. Get thee to Buff State, ECC, UB – you can afford it.

She said she left the jewelers last week because she was overlooked for a promotion.

But, the jeweler says that’s not true.

Brian Levine, owner of the business, said Kemeling wasn’t up for a promotion. An opening for an assistant manager was filled, but Kemeling didn’t have any management experience. He and his staff remain baffled by her abrupt departure from the company, Levine said.

So, she has a HS diploma, worked retail at a jeweler’s, quit abruptly with no notice, tells the papers she was overlooked for a promotion but has no management experience. Her prior experience is as a bank teller.

She doesn’t need a job. She had a job. She wants a career in management or marketing? Then she needs a college degree, or a modicum of self-awareness. She rejected the temp agency because beggars can be choosers.

After four hours on the island, Kemeling had more than a dozen employers offering positions, including the temp agency, a shredding company and an online startup. But Kemeling plans to return to the Thruway exit on Tuesday.

“I want to keep my options open,” she said. “I want to give other candidates a chance. There might be others out there who are interested in hiring me.”

Not good enough, guys! I’m better than you!

Furthermore, Kemeling said she’s looking “for a career, not a job.” Her ideal position?

“Working for Donald Trump as his secretary,” she laughed. “Who knows? Anything is possible.”

HAHAHAHA.

But seriously, go to college. State schools are affordable. Get a bachelor’s and learn about marketing and statistics and all of the other stuff that everyone else with that career has to slog through. Want a career? It’s not just magically going to drop in your lap because you have a diploma and experience doing retail and being a bank teller. Hell, go work for a bank and maybe move up the ranks there and make a career by being a good worker and eager learner. You’re not entitled to your dream job because you think you deserve it, or because you pull a stunt at a highway exit.

Many veterans are homeless due to physical disability. Many others are homeless due to untreated mental illness. Many young people are homeless due to family conflict. I’d sooner employ or buy a meal for one of them than hire someone with scant experience, a HS diploma, and a wildly inflated sense of self-worth who denigrates homeless beggars.

Waiting for someone to drive by and hand you a dream job isn’t hustle; it’s the opposite.

(UPDATE: Channel 4 has posted her resume. It speaks for itself.). 

Paul Cambria on Pat Kane: Don’t Prejudge

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The point of Monday’s piece wasn’t to say that hockey superstar Pat Kane shouldn’t hire an off-duty cop to be his designated driver if he wants; a designated driver is a good thing. Instead, the point was to recommend that people close to the alleged victim, and those aligned with Pat Kane, should all stop talking to the media.

At this time, the jury pool poisoning is continuing apace – of course, no one has yet been charged with a crime, but it’s safe to say that the authorities are investigating whether one happened, and whom they might charge. So, what we see happening as the coverage lurches from Mark Croce’s victim-shaming to anonymous supporters of the alleged victim defending her, to Lieutenant Thomas English, the aforementioned designated driver turning to the News to rebut the alleged victim’s friends’ assertions.

The whole case has devolved into a public relations battle. In this case, Kane has deeper pockets, star power, and more to lose, so it stands to reason that his PR effort would be well-funded and professional, while the alleged victim’s side has been silent, and some friends talked to the News without attribution.

As you might know from Deadspin, WBEN/WGRChicagoist, CBS Chicago, and Time Warner Cable News, Kane’s attorney, Paul Cambria, commented on my personal Facebook page, alleging that I was being irresponsible, and pointing out the witness credibility issue that he believes inures to his client’s benefit.

Cambria was specifically complaining about my insinuation that Kane was “trashed”. Specifically, in Monday’s story, I wrote, “So a police officer who stands by to drive Kane home when he’s too trashed to drive wants you to know that the alleged victim really wanted to go home with Kane, if you know what he means. Is this real life?” The point wasn’t whether or not Kane was “trashed”, although certainly people tend not to leave nightclubs at 3am sober.

The point was to expound on English’s motive to embellish or lie to protect his friend, who also happens to pay him. English wasn’t testifying at a trial; he had the benefit of Buffalo News reporters who took notes and simply printed what he told them. At trial, he’d have been under oath and the truth of his statements would be tested through a withering cross-examination. At trial, he’d have a duty to testify truthfully – no such duty exists when talking to the News.

That’s why the driver shouldn’t have opened his yap. The News prints his words without cross-examination or proper context, and another Kane defender gets to chalk up another point for the subject of a police rape investigation.

Trying this as-yet-non-existent case in the media is stupid and counterproductive. It cheapens the import of what happened here, and the very real accusation of violent crime.

That was, I thought, a fair point.

I don’t think Croce spoke in order to gain some advantage, except to protect a wealthy, popular customer; he also spoke to avoid liability and, ironically, to protect his reputation and that of his bar.

Cambria didn’t have much else to say, except cryptically to recommend that people keep an “open mind”, that he’s “keeping it even”, and that people shouldn’t “prejudge”. It was a lively discussion. If you want to see the rest, here it is as it appeared Tuesday morning with all comments uncollapsed.

Here’s to hoping no one else who thinks they know something and is desperate to get their name in the paper decides to talk to the press about things they saw on the night that Patrick Kane allegedly raped a woman. Everything anyone’s said – on or off the record – has been wholly irrelevant to the underlying key issue of consent.

Patrick Kane’s Paid Designated Driver Opens Yap

In the Buffalo News, friends of the alleged victim would like you to know that she’s a responsible and trustworthy sort and that she deserves people’s respect and consideration. It seemed a “too little, too late” response to the appalling victim-shaming Kane’s alleged victim received thanks to Mark Croce. (Here, once again, is the Pat Kane FAQ).

We also recently learned some details from the off-duty cop who gave Pat Kane, his male friend, the alleged victim, and her female friend, a ride from Buffalo down to Kane’s house. The cop’s information appears to contradict the alleged victim’s friends’ assertion that she didn’t want to go to Kane’s house, but went to accompany her friend. All of this cross-talk isn’t helping anyone but Kane. Everyone – and I mean everyone – should take a cue from all the lawyers involved in the case and stop talking to the press. This is especially true for the people who have ancillary “information” that bears no reasonable connection to the alleged rape itself. It doesn’t matter who consented to ride to Lakeshore with whom, or for what reason – the News has not spoken with anyone who was in the room with Kane and the woman who was allegedly raped, and that matters because what happened before – at the bar or in the car – isn’t relevant.

The same goes for the alleged victim’s friends who were trying to help. None of them are witnesses as to what happened, yet they’re talking to the media about the alleged victim’s character. I’m sure they thought it might help, but now we have people who are connected to Kane going to the press to contradict that fact. Consider that Buffalo Police Lieutenant Thomas English,

…said he supports Kane, a longtime family friend who has employed him for the past five years.

So a police officer who stands by to drive Kane home when he’s too trashed to drive wants you to know that the alleged victim really wanted to go home with Kane, if you know what he means. Is this real life?

Incidentally, Kane’s buddy whom English also drove that night is Tom Cowan, a co-owner of Rocco Termini’s ridiculously named Dog-E-Style, Doc Sullivan’s, City Tavern, and the space formerly known as Nektar on Elmwood.

“It was a mutual agreement to go hang out at the house,” English said.

So, Kane’s employee says there was consent to hang out. That doesn’t mean that there was consent to have sex.

English, in discussing the Kane matter, was not speaking as a representative of the Police Department. Officers are prohibited from speaking to reporters in official capacity.

Croce said he spoke last week with a District Attorney’s Office investigator and told his general manager to fully cooperate with the authorities in providing a list of bartenders and their contact information.

So, here’s a question – what’s on Kane’s bar tab from that night? Croce went out of his way to tell the News that Kane only had a couple of drinks and a couple of shots in an effort to establish that he wasn’t visibly drunk. Go get that information. After all, that bar tab is impartial and has no motive to support or attack anyone.

If you want to read something responsible about the Kane case in the Buffalo News – something that isn’t based on irrelevant observations, hearsay, irrelevant extraneous information, and information about the alleged victim’s character – in other words, if you want to read something that doesn’t pre-emptively poison the jury pool and attempt to try the case in the really unreliable court of public opinion, then read this “Another Voice” by Jessica Pirro from Crisis Services, and this commentary by Amy Moritz on rape culture.

The accused athletes are not unfailing heroes. They’re not your “brah” even if he did once buy you a shot. Nor do all athletes abuse their protected cocoon of athletic privilege.

So let’s step away from our corners and our fierce loyalties and take a beat.

Let’s move beyond playing the ill-informed “he-said-she-said” game and really examine the ways in which our sports culture perpetuates rape culture.

Everyone who thinks they observed something needs to shut up, and the good-hearted people who are trying to bolster the alleged victim’s character aren’t necessarily helping, either. “No comment” works, and talk only to the cops – not to the press.

Ban Ki-Moon Could Have Been A Buffalonian

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Late last week, United Nations General Secretary Ban Ki-Moon came to Buffalo to speak to our various elites, and to do a little sightseeing.

Few people know that the UN’s headquarters was almost built on tiny Navy Island, nestled between Grand Island and the Ontario shore.

If you want to second-guess bad decisions from long ago, you can start with the plan from the 1940s that, had it been implemented, would have guaranteed that our region comprised of Southern Ontario and Western New York would have been an economic powerhouse.

Navy Island is an uninhabited green blip on the map. After World War II, as the United Nations was being formulated and ideas for its headquarters were being considered, Navy Island was a top contender.  Because of its location between – and easy access from – two friendly nations, Navy Island would have been a better symbolic choice for the UN than the East Side of Manhattan, and a less expensive, less congested one, as well.  Turning a small island over to a peacekeeping organization with deep pockets, turning it into an international zone employing and attracting tens of thousands of diplomatic, secretarial, and administrative staff to southern Ontario and western New York would have had a billion-dollar impact today.

The ancillary economic impact from all those well-remunerated people engaging in the local economy is unfathomable today, and would have attracted businesses, schools, investors, people, and money.

Instead, the UN is on the East River, on land bought with a donation from the Rockefellers.  Had the UN been located in WNY, I wonder how much different this region would be, how it would look, how it would have evolved.

 

The Patrick Kane Case FAQ

On Sunday morning I wrote a piece that was critical of the Buffalo News‘s transcription of SkyBar owner Mark Croce. Not being a sports guy, I’ve been surprised by how much that post blew up, especially on Twitter. A solid majority of people were in agreement that Croce’s comments to the News were little more than the first salvo in what is likely to be a long and drawn-out effort by people aligned with Kane to blame the victim. A small minority of people were indignant, insisting that neither the News nor Croce did anything wrong, and an even smaller minority simply spewed ad hominem attacks.

Earlier this week, I followed up on Sunday’s piece by publishing this story, responding to the irony of Maki Becker’s piece in the News about victim-shaming in rape cases, and a second article questioning why it was that the Buffalo News‘s sports columnists—with the exception of Tim Graham—were utterly silent on such a big story.

Since then, Bucky Gleason wrote what I consider to be a weak opinion piece about not jumping to conclusions, and the News has a follow-up story that appears to try to fix some of the truly egregious damage that Mark Croce did to the alleged victim in the pages of the paper on Sunday. Tim Graham’s byline has been added to the story.

Brad Riter and I discussed all of this at some length at Trending Buffalo.

All that prompts me to this: the Pat Kane FAQ.

1. Pat Kane: innocent until proven guilty / presumption of innocence

Yes. In court—by a judge and jury—Kane is entitled to a presumption of innocence.  The prosecution—in this case the Erie County District Attorney’s office—bears the legal burden to prove its case beyond a reasonable doubt. In real life, however, the presumption doesn’t preclude the average person on the street from thinking whatever you want.

But if you insist on “innocent until proven guilty” as it relates to the superstar athlete, then it logically follows that the alleged victim’s story should be treated as true until proven false.

2. No Charges Have Been Filed: What Does That Mean? 

It means the police and prosecutors have not yet concluded their investigation, and they aren’t yet prepared to bring charges against Kane, present the case to a grand jury, arrest him, or undertake any other action towards prosecuting him. These things take time—there are tests to conclude, witnesses to interview. Because of its high profile, and because the victim and the accused both have lawyers representing them, everything will be done with exquisite care.

3. The only evidence is scratches and bite marks, right? 

Right; and, frankly, you shouldn’t even know that. Whoever told that to the Buffalo News was likely speaking out of turn and had no authority—legal or otherwise—to pass it along. Among other concerns, HIPAA prevents confidential medical information from being released, so quite frankly you and I don’t know what evidence exists, nor will you until such time as the matter is tried to a jury. Stop asking.

4. Did Croce Do Anything Wrong? 

I think so, and so do many other people, including:

Croce was under no obligation to speak with the media in general, or the Buffalo News in particular. Insofar as neither Croce nor the reporters could verify that the woman described in Croce’s statement has anything to do with this case, the information was completely irrelevant. The only thing his comments did was begin the spiral of victim-blaming and slut-shaming that contributes to bro/rape culture in this country, and that issue is especially acute when you’re dealing with a wealthy, successful, popular, good-looking young star athlete. The athlete has a lot to lose if, in fact, he committed a crime, so it isn’t unthinkable that there would be a sudden and concerted effort to accuse the victim of making it up, being a gold-digger, somehow deserving of what victimized her.

All of this is even more acute now that we have some information that the alleged victim a) was not the woman who wanted to accompany Kane to his home; and b) is by all accounts a responsible, motivated, respectful, and honest young woman.

5. Mark Croce didn’t do anything wrong! He’s just reporting what he saw!

Well, what precisely did he see that is relevant to this case? He doesn’t have the facts right, but he sure had a motive to open his yap. Croce went out of his way to tell the News that he saw a woman being flirtatious and hanging all over Kane at his bar that night. He also went out of his way to tell everyone that Kane wasn’t drunk. As I reported on Sunday, that’s significant for two reasons: 1. If Croce’s bar served alcohol to a visibly intoxicated Kane, that is a violation of the Alcoholic Beverage Control Law of New York; and 2. If Kane was drunk and tries to use that as part of his defense, Croce’s company, Buffalo Pub Concepts, Inc, may be liable to Kane’s alleged injured victim in a lawsuit brought under New York’s Dram Shop laws. Croce also had a motive to go to the News because he doesn’t want to slight Kane, who was evidently going to bring the Stanley Cup to one of Croce’s establishments last weekend.

As I mentioned before, Croce was under no obligation to go to the media about this. Given his company’s potential liability exposure, he’d have been smarter to issue a “no comment” and let his PR team or lawyers handle it. He was wrong for essentially slut-shaming a young woman who patronized his bar—whoever she was. But more significantly, he was wrong for letting loose the insinuation that the woman he described might be the alleged victim in the case, and because of her behavior at his bar, place doubt in people’s minds about the issue of consent. It was, in a word, despicable. 

I will never patronize one of his places again, and neither should you. (I’ve actually had that personal rule for five years, but that’s a whole other story). 

6. The Buffalo News didn’t do anything wrong! It’s just reporting what Croce said!

This isn’t how this is supposed to work. Do you want confirmation of your pre-existing bias, or do you want information? If you want the former, then the News was right to act as Croce’s slut-shaming stenographic service. If you want the latter, then you’ve learned absolutely nothing, except that the self-interested owner of the bar where Kane was drinking that night wants you to know he didn’t think Kane was drunk, and that he saw a pretty aggressive girl hanging all over Kane. The Buffalo News, as the sole paper in town, has a responsibility to print information that is relevant and newsworthy—Croce’s remarks about the flirty girl around Kane were neither. His remarks about Kane’s intoxication should have been offered with the caveat that Croce has an interest in getting that story out. Dan Herbeck defended this part of the report, and that he has the support of his editors. How truly sad that is; it’s truly tantamount to protecting the very powerful at the expense of the powerless.

In any event, reporters aren’t just stenographers—they should offer context and background. They should leave you informed, not inflamed.

7. Croce didn’t call her a slut, you did!

You’re right—Croce didn’t come right out and call the girl whom he saw a “slut”. Then again, neither did I.  I also didn’t say that he called her that. I said he was engaged in “slut-shaming“—click the link to see the definition. Again,

Croce told The News that he and several of his employees noticed a young womanhanging all over” Kane at SkyBar for at least two hours that night, putting her hands on his arms and “being very forward, very flirtatious with him.”

Even if Croce could somehow establish that the woman he’s describing is Kane’s alleged victim, this is all completely irrelevant to the question of whether Kane and she engaged in consensual sex later on that night. Indeed, its only purpose is to insinuate that it was the same woman, and that she was deserving of whatever happened back at Kane’s house later on.

But it’s even worse than that because Croce,

…said he does not know the woman and does not know her name.

Well, then the entire thing is irrelevant nonsense, and he only made it worse.

“It was almost like she stationed herself near him and was keeping other women away from him,” Croce said. “I noticed it and kind of laughed about it.”

So, we’re discussing rape allegations, and Croce is finding the humor in it all.

A bar manager that night also noticed the woman’s behavior with Kane, Croce said.

Objection. Hearsay.

Croce said the woman and a female friend “followed” Kane as he left the nightclub with a couple of male friends around 3 a.m. last Sunday.

I don’t know if this is the same woman who made the rape allegation against him,” Croce said. “I only know what I saw that night on my own premises. If you’re going to ask what happened between them after they left that night, how would I know?”

You wouldn’t. You frankly don’t know jack shit about any of it.

“This is America, the place where you are still innocent until proven guilty,” Croce said.

It’s also the place where you leave rape victims alone and don’t try to smear them, especially when they’re not exactly, e.g., rushing out to take advantage of their 15 minutes of fame.

8. She left the bar at 3am with Kane! It’s her own fault!

No, that’s false. First of all—that information is part of what Croce said about the mystery girl he saw hanging all over Kane at the bar, and we don’t know who that was. Indeed, the News now tells us that the alleged victim didn’t want to go, but went with her friend, who did. Nevertheless, here’s a quick little video to explain the idea of consent.

9. What does Kane’s lawyer have to do with this? 

We don’t know. The Buffalo News mentioned that Kane’s lawyer Paul Cambria was seen at SkyBar the same night as the events that Croce described. We don’t know what Cambria may have observed or witnessed, so there’s no way of knowing if Rule 3.7 of the lawyers’ ethical rules is a concern here. That provision generally prohibits a lawyer from representing someone in a case where he may also be called as a witness. Insofar as Cambria may have observed Kane, whom he was with, and what his demeanor or sobriety was, and that may preclude him from representing Kane in this particular case.

But it may not. It’s too early to tell, and we don’t have enough information. It’s just a possibility.

10. This is just your opinion!

Yes, mostly. That’s why it says “commentary” above in big red letters.

11. Kane is innocent! 

Innocent of what? He hasn’t been charged. He is presumed innocent in court, but as of right now we also have no reason to not believe the veracity of any allegation against him.

12. Is it cool to post what I think is the victim’s identity on the internet? 

No. Doing something like that—whether you’re right or wrong—makes you a class-A jerkoff. Have a little respect for this woman and leave her alone. By the way—if you’re wrong, you might be defaming whomever you’ve named.

Indeed, an especially irresponsible area media outlet has all but outed the alleged victim in this case and gone much further to try to blame her for her own alleged victimhood than Croce did. I won’t link to it or mention it, but suffice it to say that the outlet in question is run by a renowned gynophobe.

13. Is Mark Croce correct when he says he has, “no skin in the game”? 

Hell no. See #5, above. He has loads of skin in this particular game.

14. What do you think of Bucky Gleason’s piece? 

It came out several hours after I asked where these guys all were. I thought it was weak—the Chicago columns were, I thought, more reasonable and more clearly rejected the whole Kane-sports-god meme. I’m not a follower of his work, so I don’t know the extent to which it is consistent with his general reaction to criminal allegations against local sports figures, but…

This is no time to rush to judgment, whether you’re a sex-crimes expert or proud owner of a No. 88 jersey. It’s difficult to comprehend Kane would commit such a crime. It’s difficult to comprehend a woman would concoct such an allegation. Perhaps everyone can agree that there will be no winners.

It is, however, time to respect the rights, privacy, and veracity of the alleged victim. It’s also a great time to confront the bro/rape culture.

Like I said, we don’t know if anyone’s being charged, or with what. We don’t know who the victim is and what her injuries are, and we should keep it that way. We should also avoid and condemn any victim-blaming and slut-shaming whenever we see it. Any more questions? Email buffalopundit[at]gmail.com and follow along on Twitter @buffalopundit.

Joe Mascia on Gerrymandering & his Goons Referred to DA

Joe Mascia, about whom I’ve recently written hereherehere, and here, has chutzpah. Even though he was caught on tape calling some of Buffalo’s African-American elected officials horrible racial epithets, and refusing to exit the race for the Fillmore District Council seat, he is now claiming to be the anti-racism candidate.

It hasn’t been reported that Mascia’s campaign treasurer recently quit, joining Mascia’s original campaign manager.

Also, the Mascia operatives who attempted to manufacture a case against Franczyk aide and attorney Mike Kuzma may soon find themselves in some real trouble. Kuzma’s attorney, Daire Irwin, has referred the matter to the District Attorney’s office in the hopes that the Mascia’s goons are prosecuted for filing a false police report.

Undeterred, Mascia is continuing with his doomed-to-fail campaign by whining about gerrymandering and accusing Francyzk of racism in the expansion of his district to include more predominately white districts. From a press release,

Commissioner Joe Mascia is demanding that 28 year Councilman David Franczyk explain the racism behind the redistricting map that he drew while he was Council President.

During the 2010 redistricting process, then Council President David Franczyk gerrymandered himself a district so contorted for blatantly racial motivations, that it has attracted national criticism from academics at UC Berkeley and in national publications, including The New York Times.

In drawing himself a Whiter district, he simultaneously stole a Black district from the Eastside, a Latino district from the Westside, and a gay district from the Elmwood Village — so that he could use White voters in Allentown to get reelected.

Racism that is codified in public policy is egregious and offensive.  Let’s start talking about the issues that matter.

(See the attached map of current Common Council districts. Note that now-Council President Darius Pridgen lives on the Erie Basin Marina.)

A gay district?

Mascia is being hilarious here, and it’s hard to know whether it’s intentional or not. After all, it’s a tough row to hoe for him to whine about the whiteness of Franczyk’s district, given that its expansion included Marine Drive – offering Mascia himself the opportunity to run for that council seat – and, well, the fact that Mascia is a Caucasian of Italian descent who was recently caught on tape referring to the Mayor, a Councilmember, an Assemblywoman, and others as “ni**er” and “tizzun”.

The press release included a crudely-written graphic, which I’ve fixed for you.

Note the highlights. Who writes “way more”? If Franczyk stole a “black district” and added it to Fillmore, how is that “racist”?

If we are to have a person work to bridge the racial divide, Joe Mascia seems the last person to do that. If you’re going to complain about racial gerrymandering, those complaints ring hollow given the fact that Mascia is also white. He won’t be elected and he’s wasting his time, and I’m sure any push to replace our current redistricting scheme with a mathematical “planning approach to local redistricting” could find quite literally anyone else to promote it, and be a more effective communicator for it.

Buffalo News Sports Columnists: Where Are You?

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There are 30 teams in the NHL. (I don’t know from sports, so I had to look it up).

That means there are at least 30 local papers with sports columnists who offer opinion and commentary on things having to do with sports. It would make sense that they’d offer up opinions on local sports stories, national sports stories with a local angle, sports stories that may somehow affect a local team or player, and presumably anything else that they or their readers might deem interesting.

I didn’t have time to look them all up.

It goes without saying that an international superstar athlete being accused of rape is a big story. An international story, in fact, given the roster of NHL stars from other countries.

It, therefore, follows that you would expect the sports columnists who write for the single paper that exists in the city where the alleged rape occurred to be all over the story; “on it“, as we like to joke. You would expect that the media in the cities most directly affected—Chicago and Buffalo—would be clamoring not only to break news, but to offer some sort of insightful commentary.

Online, the Daily Beast wrote about it. So did DeadspinThe Times is “on it”, and so is “Fansided“.

Kane plays for Chicago’s Blackhawks, so that city’s columnists have been all over it. Here’s Julie DiCaroSteve Rosenbloom, and David Haugh in the Chicago Tribune, and CBS Chicago’s Jim Baffoe and Dan BernsteinRick Telander in the Sun-Times had a column about Kane, too. Matthew Schwerha in the Sun-Times explains how to handle these allegations with kids.

The Sporting NewsAndrew Forbes, a Colorado student paperProHockeyTalk at NBC sports, and USA Today all opined on the matter.

So did Russia’s ChampionatTASS, and SovSport.

So did the Czech Republic’s AktualneHokejportalDenik, and Hokej.guru.

In Finland, it was picked up by Jakiekko ExperttiSeiska.fiIlta-Sanomat, and MTV.fi.

It’s been covered in Sport1.deBluewin.ch, the Aargauer Zeitung (Kane played in Biel, Switzerland during the 2012 lockout). That’s why a paper in the Italian-speaking Swiss canton of Ticino covered it, too. So did Le Matin.

You know who hasn’t written about it very much? At all, really? The Buffalo News’ sports columnists.

The Buffalo News has not published a single, solitary opinion piece about the Patrick Kane rape allegations from any of its columnists or bloggers. Nothing.

Harrington has a baseball piece from August 8th. There’s a Greg Connors piece about fantasy football. On August 6th, Bucky Gleason reminded us that Andre Reed is a great guy. Jerry Sullivan’s most recent column is about Bill Polian, dated August 5th.

Sullivan has been silent on Twitter since August 5thBucky Gleason tweeted out an August 8th BN story about how this whole pesky rape thing overshadowed Kane’s day with the Stanley Cup—nothing else. Harrington’s notoriously prickly Twitter account? Silent on Kane.

The only Buffalo News columnist who has treated this rape allegation story with the seriousness it deserves—at least, via Twitter—is Tim Graham, who has been all over it during the past several days.

I don’t know if anyone’s on vacation this week or what, but it seems outlandish to me that the Buffalo News’ opinion machine—whether it’s the editorial board or any individual columnist—has been completely silent about an international story involving a local mega-star. Even the BN Hockey Blog has nothing new or salient.

Have they nothing to say?

Are they being told to keep quiet?

Are editors spiking or delaying stories or columns?

Is there some sort of editorial crisis going on?

What the hell is going on? Why wouldn’t the Buffalo News want to try and compete with Chicago’s sports media about what they think about these Pat Kane allegations?

Could it be that Sunday’s disastrous use of victim-blaming quotes from local asshole club owner Mark Croce is the root of this crisis? Has the Buffalo News so beclowned itself that it has effectively forfeited the ability properly to cover an international story happening in its own backyard?!

By the way—wouldn’t it be funny if Croce’s rush to comment to the News came back to bite him? For instance, what if the woman he described turned out to have been under the age of 21, in which case she had no business being at SkyBar? Wouldn’t that just be poetic?

Whatever it is, the Buffalo News is harming its own reputation through dumb acts and blind omissions.

Slut-Shaming and the Patrick Kane Case

pkc

Late Tuesday, an article by Maki Becker appeared on the Buffalo News’ website entitled, “People take to Twitter to victim-blame after Patrick Kane allegations.

Based on that title alone, it’s safe to say that there is some major internal strife at the Buffalo News over its editorial decisions relating to the Patrick Kane case. After all, on Sunday the Buffalo News itself ran a front-page story that contained a clumsy, misogynistic attempt at victim-blaming.

As a matter of fact, Sunday’s piece could have been entitled, “Restaurateur Takes to Buffalo News to Victim-Blame After Patrick Kane Allegations.

For the News to now decry (or, let’s say, disapprovingly highlight) a handful of anonymous Tweeters’ victim-blaming, whilst simultaneously contributing to it with the help of a rich and prominent restaurateur, is sheer chutzpah.

It’s easier to shame Twitter anonyms than it is the guy renovating the Statler.

So, the News is broadcasting that it’s bad for some random idiot with the handle @88forever (or something) using Pat Kane’s face as his avi to Tweet how Kane’s alleged victim had it coming, but it’s perfectly ok for nightclub owner Mark Croce to tell two male reporters from the Buffalo News that some woman he saw with Kane at his bar the night of the alleged incident was, “hanging all over” Kane; that she was “forward” and very “flirtatious”. It’s ok for him to add how she was possessive of Kane and demanding of his attention before she left with him and some others. Wrong.

Becker’s piece quotes Robyn Wiktorski-Reynolds from Crisis Services who calls these sorts of slut-shaming, victim-blaming comments, “misguded”, “ignorant”, adding, “these types of things have a chilling effect. It’s repeated and it creates a culture and we’re just perpetuating that culture.” She also addresed Croce’s comments:

Many people have been critical of bar owner Mark Croce’s statements to The Buffalo News describing seeing a woman with Kane at his bar on the night of the alleged attack.

Many people have also been critical of the Buffalo News for printing them because of how inflammatory and irrelevant they are.

The attack allegedly took place later that night or the following morning at Kane’s house. Croce said he did not go to Kane’s house and does not know what happened there.

“A victim should never be blamed,” Pirro said in an emailed statement about Croce’s quotes, as well as comments that have been on social media about the alleged rape. “No one chooses to be raped and any public statement that implies that is just as problematic as a perpetrator’s decision to rape.”

Wiktorski-Reynolds said blaming the victim for a rape because she – or he – showed interest in the assailant perpetuates a culture that tolerates rape.

“They say: ‘What did you expect? Why did you go to the house? Why were you drinking?’ That takes the perpetrator off the hook for not listening, not stopping. … You can change your mind. You have free will.”

The Buffalo News waited two days—and it took a female reporter—to remind people that, “In the eyes of the law, the events leading up to the sex act don’t matter…[c]onsent is one of those things that can be removed at any time during the encounter.” So, it doesn’t really matter what Croce saw, even if he could identify the woman as Kane’s accuser.

Have you noticed, by the way, complete and utter silence from the Buffalo News’ sports columnists? You’d think that a local sports phenomenon being accused of a serious felony would be a big topic. An important topic. 

On the issue of withdrawn consent—again, we don’t know what happened or what anyone will be accused of, so this is all hypothetical—what would it take for the Kane die-hards on Twitter and in the Buffalo News’ offices to take these allegations seriously?

We know from the Sunday piece that the alleged victim, “had bite marks on her shoulders and a scratch on her leg after the alleged attack.” But I’ve seen people dismiss that as not a big deal; evidence of nothing more than, e.g., rough sex.

What would it take for people to take it seriously? What if the alleged victim had been bitten several times? Would that change things for you?

Does it have to be more serious than that to prove lack of consent? What about a broken finger, would that be enough?

Would you treat it with more seriousness if the complainant, say, had a broken arm? Is that enough to show that there’s something serious going on? Then would you believe her and credit her story over that of your young, hard-partying hockey hero?

Who’s going to prosecute this case, by the way? We know that it’s very likely that D.A. Frank Sedita is running for Supreme Court—he’s all but announced. His chief of homicide Jim Bargnesi is currently running for Erie County Court. Should Sedita appoint a special prosecutor to ensure that the case is handled properly with the attention it deserves, and to ensure that electoral politics don’t have any adverse consequences on it? Should Sedita resign and pursue his judgeship and let someone take over for him in the interim? This case is a serious one with the potential to end a local sports hero’s career, and no one can afford any distractions.

Finally, I’ve already alluded to the question of Kane’s attorney Paul Cambria to represent him in this particular case due to the possibility that he observed and witnessed something having to with Kane on the night in question. The courthouse grapevine is overactive with rumors of the Kane camp already looking to replace Cambria with someone else.  Names being mentioned include Terry Connors, James Harrington, and Joel Daniels.

The Buffalo News owes it to the alleged victim in this case to do more than just have Maki Becker write a socially responsible article about blaming rape victims for the crime committed against them. It owes that woman – whoever she is – an abject apology. The editor of the paper needs to speak up and explain why the paper felt it necessary to include Croce’s inflammatory and self-serving “observations” when they represent the very slut-shaming Becker examines on Tuesday.

The Buffalo News is the only daily paper in town and it has no public editor or ombudsman. It desperately is missing a mea culpa.

In response to Becker’s piece, the News wisely shut off its Disqus comments, but two got in before the lock:

The only thing that comes to mind here is that some at the Buffalo News recognize that it really messed this up on Sunday, and that it made a serious editorial error that it can’t now undo. I don’t see a lot of people defending Croce or the News, except for the ilk that is the subject matter of the Becker piece. And in there, these words are key:

“It’s not about access to sex. It’s about power and control,” she said. “It’s about using sex as a weapon rather than something else.”

She pointed to studies by the Department of Justice that showed that “false reports” of rape are rare – about 8 percent – which include cases that couldn’t be prosecuted for a variety of reasons.

Deciding to go forward to the police to report a rape and undergoing a “rape kit” are never easy for victims of sexual violence, Wiktorski-Reynolds said.

“People aren’t going to the hospital and going to the police because it’s fun or because they’re looking for attention,” Wiktorski-Reynolds said. “It’s a very, very invasive process. It’s serious. It takes hours. There’s a lot that’s entailed.”

It ain’t the 50s anymore, Buffalo News. You went a long way towards perpetuating and promoting rape culture on Sunday. It’s going to take a lot more than pointing fingers at random strangers on Twitter to make amends. Point fingers where they more properly belong—at the people who should know better; at Mark Croce, Dan Herbeck, Lou Michel, and whoever green-lighted that garbage.

The Schmidbauering

Joe Schmidbauer cranked up ye olde Altpress machine to excrete this.

A young lawyer comes to town from the Boston area and with great hubris brands himself the Buffalo-pundit all the while living in suburban (white bread) Clarence and thereby gains entrance to the lucrative networking game called local politics.

WOW! That’s the best opening paragraph, ever! I came here to take over your internets, Buffalo!

The truth is that I arrived here fifteen years ago(!) one of those rare “newpats”.  In 2003 I started a blog to get out the word for a local Presidential race I volunteered with. When that guy dropped out, I blogged about national politics. It wasn’t until 2005 that I used “Buffalopundit”  because that’s what bloggers did – they adopted noms de plume. I switched focus to local issues, especially in light of the red/green budget fiasco. That’s how it started. I was writing about Buffalo – not just the city of Buffalo, but the metropolitan area of Buffalo. It was my daily letter to the editor, and to an extent remains that way.

I never blogged in order to “gain entrance to the lucrative networking game” called local politics. At my work, our firm represents Erie County in a very small number of matters, and I was honored to be appointed to the board of the Buffalo & Erie County Public Library.

It doesn’t matter that I live in Clarence. I spend most of my waking day in Buffalo; I work in Buffalo, I spend my money in Buffalo, my taxes go to pay for things in Buffalo. Buffalo is a place I care deeply about. After all I chose to come here. 

The irony has not been lost on many people. Complaints about his white suburban roots are old but very real. In his political commentaries on local politics, he has taken on the role of being the white knight of “liberal” political reform.

I wouldn’t say that living in Clarence since I was 33 is my “roots”. Fuck you for the insinuation, by the way. My roots are far more complicated and complex than that, and I’m not going to recite them to defend myself against a hateful and false allegation. Just – fuck you, Joe.

The phrase getting Bedenkoed was coined by the answer-lady (a University Heights blogger) during a blogging feud with Belenko over his legitimacy in calling himself the Buffalo-pundit while living in Clarence.

Who’s this “Belenko” character? Anyhow, if “Buffalopundit” is a misnomer because I live in Clarence, “Answer Lady” was a misnomer because she didn’t answer some very basic questions, allowing herself to use her anonymity as a sword rather than a shield as she picked fights with people.

The reason there was a feud with Beth Bradley, the SUNY system librarian and state employee who blogged as the “Answer Lady” is that, in attacking me, she said that the kids waiting to catch buses at Clarence schools were an “Aryan Youth Parade“. Seldom had I ever encountered such vicious hatred directed at schoolkids, and Bradley’s online behavior became as combative as it was cowardly.

She recalled her experience of being bullied and laughingly referred to being Bedenkoed. But it got serious for her. She felt her job was being threatened. At one point when her boss asked her about her blogging and expressed disproval. (At the time she worked at a local college.)

Too bad for her. Don’t call little kids nazis. 

Lots of folks have gotten Bedenkoed over the years: Pigeon, Jack Daves, Chris Collis, Crazy Carl. They usually are the enemies of the present Democratic Party leadership.

No, they’re palpably bad actors. Is socialist paragon Joe Schmidbauer going to defend the likes of these people? Paladino? Collins?

And now poor BMHA rep and Fillmore common council candidate Joe Masica is getting Bedenkoed. Masica is the focal point of a bizarre conversation about race in the local mainstream media to the point where Sandy Beach, Buffalo’s local right-wing anti-union anti-liberal attack dog is wrapping himself in a blanket of racial harmony and equality. He denounced Masica when he called his show.  Masica was taped by a former friend, Mr. Christopher, in an off the wall racist commentary on all things political during a private conservation, calling various black politicians racist names.

It’s Mascia. He called black political leaders with whom he works “ni**er” and “tizzun”. I criticized him for that. Fuck me, right?

Mr. Christopher is rumored to have ties with Joel Gambria and cash may have changed hands.

Rumor! This Paul Christopher is getting the Schmidbauering!

Writing in a series of commentaries on the Public site, Bedenko has out done himself. He listed Joe Masica’s financial and moral failures. The only unanswered question is Joe still beating his wife and kicking the family dog? In the list of Joe’s tale of business and moral failures and tax liens is one amazing fact. The honorable DA Frank Sedita, a man not known for his enthusiasm for the enforcement of New York State election laws especially around campaign financially laws prosecuted Joe for failure to file his campaign expenses. Joe pleaded guilty.

Totally a guy worth defending, not to mention electing.

Who would have thought a guy living in Public Housing would have business failures, bad credit and hard times, a fact that describes half the folks living east of Main Street and just about everyone living in the Fillmore District?

Ah, so “living in public housing” – in this case, Marine Drive, which is the public housing for the well-connected rather than for the genuinely poor – patronage housing, if you will – is an excuse for being a deadbeat! Hey, folks, move to Marine Drive and stiff your creditors – it’s ok! Then RUN FOR OFFICE, TOO BECAUSE FISCAL RESPONSIBILITY!

The DA’s failure to enforce New York State Election laws for various political players is note worthy since the Public covered the issue many times. Masica’s prosecution by the DA should be a red flag that the powers that be, wanted Joe Masica gone.  Joe was a pain in the ass at the BMHA, not playing ball with the current administration around issues of police brutality, privatization and generally asking the wrong kind of questions. He is clearly a man with political ambitions whose his hair is presently on fire.

Here’s what one of Mascia’s observers have to say about that:

If Mascia’s mission is so important, perhaps the people interested in these issues might find a better spokesman.

It seems that Zellner and the boys at the Democratic Party HQ as well as Bedenko have judged Masica unfit for political office. (No question he is stupid, and has a street mouth and maybe is a con man) But the real question is who is fit, Dave Franczyk?

Hold the fucking phone just a minute. Mascia calls black politicians the most vicious racist slur available, and “maybe is a con man”, but hey, let’s elect him anyway?! Yes, thank the sweet Lord Jesus that Zellner has deemed Mascia unfit for public office. Anything less would be unacceptable.

The guy doesn’t understand the codified words like his mentor, Carl Paladino, who speaks the same vulgar truths in a more codified style, the mainstream media and the local elites forgive King Carl because he is just being Crazy Carl. Besides he has money and his agenda and theirs are the same.

I don’t think that Paladino’s and Mascia’s vulgarities are “truths”. They’re what Paladino calls “blurts” and they’re, at best, racially insensitive and underscore an unwillingness to work with others. More importantly, they display a mindset that treats some people in our society as something less than human.

But poor Masica, the media feeding frenzy will not let him be forgiven. He apologized and begged for forgiveness. No redemption for Joe. His racist rant foolishly spoke to the vulgar racist truth of the political gangs of Buffalo and Western New York in a private conservation with a “friend” who sold him out.

Mascia is a victim! The Schmidbauering!

Is Joe Masica a bigot? Yes he is and that reflects the unspoken third rail of Western New York, and Buffalo politics, and its culture of political ethnic and racist tribalism. Joe by mouthing-off in a racist street rant has pulled up the rug on Buffalo’s racial and tribal political system.

Yes, it has. But not in a good way.

These political associations (grassroots, go south to name a few), are all fighting for the influence and a piece of the cash pie, be it the non-profit industrial complex or patronage. It is an institutional political corruption and it is racist, oligarchic to the core be it a Pigeon, Zellner, Lord Byron, Bill Max, Sedita and the legion of political hacks waiting for a piece of heaven to fall to them.
It is a system that exists to serve the wealthy of the local elites who control the political process and who are happy to let the rabble fight over the table scraps. Who got that Buffalo billions deal? To quote beloved Beverly Gray (Council-person at Large who died of cancer), “Billions and billions dollars of economic development money has been spent by the government, I look and I don’t see it my community”

Yes. It is. I’ve written about that on countless occasions. So what does this have to do with me?

In no way does this justify Joe’s stupidity. Is he a valid candidate that is for the voters to decide if he has the balls to stay in the fight?

Sure! Maybe he can kick a baby, too! After all, he’s saying really important things about the mismanaged BMHA! Who better to right its financial ship than a deadbeat bankrupt?

Here we get to the meat of the matter:

Bedenko and the mainstream media feeding frenzy about Masica has taken the media focus off Fillmore councilmen Dave Franczyk’s leadership in the Fillmore district for the past 29 years. Franczyk’s district funding policies are geared more toward defending the remaining elements of old Polinia, (Matt Urban Life Center, Adam Mickiewicz Library, St. Stan’s, and the Broadway Market) than any real attempt at advocacy for economic development such as numerous projects being developed by PUSH on the westside.
The past three mayoral administrations have let the people of the district sink under the weight of red lining, divestment, poverty and crime. The primary government redevelopment program is knocking down buildings and creating vacant land for future cattle ranching. The census tracks for zip codes in Fillmore are some of the worst in the nation, for unemployment, incoming inequality, and quality of housing.

To clarify: my crime here is to have written four pieces about Joe Mascia (here, here, here, and here). Schmidbauer actually left a comment. He omits that fact, and my responses.

There was also this:

That was in response to a piece about a Family Court candidate who’s hired a bunch of people under state and federal investigation to help her out. Fuck me, right?

The Schmidbauering excuses racist deadbeat Joe Mascia and condemns a writer who lives in the suburbs and writes a blog under a name that Joe thinks is obnoxious.

Poverty and hopelessness are powerful engines of voter suppression, and the Fillmore district has the lowest voter turnout in the city. Gerrymandering for white voters (First Ward, Allentown) has been the Franczyk strategy for maintaining his continued stay in power.  Advocacy and hope are always threats to the political status quo.

So, get rid of the Polish white guy and replace him with the racist white Italian guy!

Dave Franczyk’s greatest success over the years has been selling himself to the white liberal community (like Bendenko) as a “progressive.” He has supported numerous resolutions on national issues through the common council, issues that have little direct bearing on the lives of people living in Fillmore. He supported Dennis Kucinich and other progressive democrats. These issues have put him in high esteem as a “progressive politician” fighting for social justice as he represents the very system that creates the injustice. He is a living example of the hypocrisy of the liberal left in Buffalo and Western New York. They organize bus tours in the eastside to see the poverty, homeless and despair, looking out at that world seated in privilege, like wealthy Christians standing on the shoulders of the poor to get closer to God.  Real causes of institutional racism are of no interest because they challenge the system of power, and privilege. (I have had numerous conservations with “white progressives” over the years regarding poverty and conditions eastside. They all turn a blind eye to the reality of Dave Franczyk’s role in maintaining the political situation.)

Fucking hell, if you can find a single positive thing I’ve ever written or said about Franczyk, knock yourself out. I don’t follow closely what Franczyk does in the common council, and I’m not swayed by his appeals to liberals. If you don’t like him, get rid of him. Just find a viable, responsible candidate first, you know?

I can summarize in Franczyk’s own words. When confronted by members of the common council on his two track race baiting campaign literature, Franczyk, said, the greatest local Orwellian political statement on record, “I will not be a victim of racial McCarthyism,” just wow!

Is this media frenzy really about Joe Masica’s foul racist words or is it about distracting from foul racist policy?

 

tl;dr: Joe Schmidbauer viscerally hates David Franczyk, so he’s willing to forgive quite literally everything in order to replace Franczyk, no matter who it is. And even though I’ve never taken a side in a Fillmore District Race, it’s largely my fault because Clarence.

Why Mark Croce Went to the News about Pat Kane

skybar

We can Buffalove ourselves to death, but someday this region will undergo a social and cultural enlightenment that’s been far too long in coming. Don’t let the shiny new buildings and downtown playgrounds kid you—we’re still downright medieval in other areas.

Whether it’s over 40s in Lanacaster desperately refusing to let go of base racism, or our continued tolerance of political leaders who express hatred and prejudice with impunity, western New York has a long way to go before it truly becomes the city of “good neighbors” it claims to be.

Call American Indians “redskins”, you’re not being a good neighbor. Spit out “Damn Asians” or “n***”, you’re not being a good neighbor.

Although you knew that, too many of our “neighbors” don’t.

Let’s turn now to this story about the allegations that hockey star and very wealthy local Patrick Kane raped a woman. Kane is entitled to a presumption of innocence in court. His accuser, however, is entitled to basic respect. Trials are what we use to find the truth – they’re not perfect, but they’re the best we have. The Buffalo News reports that Kane’s accuser had visible signs of injury and that she called the authorities and went to the hospital almost immediately after the incident at Kane’s home.

It makes sense at this early stage, given the very little we know, to not rush to judgment about Mr. Kane – neither about his guilt or innocence.

But when a woman says she’s been the victim of sexual assault or rape, we can’t dismiss that. We should take it seriously, and I don’t think we are. WBEN spent the better part of one afternoon this week basically accusing the accusing victim of being a liar and a gold-digging bitch. The Buffalo News Sunday does the same exact thing. The first part of this article glosses over the limited facts about the alleged rape, but a full 80% of that article – give or take – is devoted to SkyBar owner Mark Croce going out of his way to portray Kane’s accuser as a lying, gold-digging whore of a bitch.

The Buffalo News is irresponsible for printing what Croce describes because he has no clue whatsoever that what he supposedly saw (let’s not rush to judgment on its truth or falsity, either) bears any relation – direct or indirect – to the underlying allegation that very wealthy privileged hockey star Patrick Kane raped and assaulted some nobody girl no one knows.

Accuse a hockey player of rape and people set up sites to crowdfund his legal defense. Accuse a hockey player of rape and you hear a lot about the “presumption of innocence”. Accuse a hockey player of rape, and you’ll see some pretty blatant slut-shaming from a prominent bar owner, and the Buffalo News uncritically contributing to rape culture. Bros, I suppose, before hoes.

Know this: the Rape Abuse & Incest National Network says that 98% of rapists never spend a day in jail and 68% of women never report their rape or sexual assault.

It’s not hard to guess why.

But Croce told The News that he and several of his employees noticed a young woman “hanging all over” Kane at SkyBar for at least two hours that night, putting her hands on his arms and “being very forward, very flirtatious with him.” He said he does not know the woman and does not know her name.

“It was almost like she stationed herself near him and was keeping other women away from him,” Croce said. “I noticed it and kind of laughed about it.”

A bar manager that night also noticed the woman’s behavior with Kane, Croce said.

Croce said the woman and a female friend “followed” Kane as he left the nightclub with a couple of male friends around 3 a.m. last Sunday.

“I don’t know if this is the same woman who made the rape allegation against him,” Croce said. “I only know what I saw that night on my own premises. If you’re going to ask what happened between them after they left that night, how would I know?”

That’s a tremendous volume of words and space to basically regurgitate what amounts to little more than rank speculation. But it doesn’t end there.

Croce said he has been inundated with media requests for interviews. He said he decided to speak to The News on Saturday night because he is upset with media reports that “insinuate” that Kane was out of control during his time at SkyBar.

“I’ve got no skin in this game. I am only telling you what I observed,” Croce said. “(Kane) was acting like a typical young guy his age, out having fun with some of his buddies. A lot of people were coming up to him, asking to have pictures taken with him. He was a gentleman. Pat had a couple of drinks and maybe a couple of shots. He was having a good time, but he wasn’t stumbling or doing anything obnoxious.”

Croce said that, in his opinion, some news media reports make it appear as though Kane is guilty of rape.

“This is America, the place where you are still innocent until proven guilty,” Croce said.

He said that, to his knowledge, Kane has visited SkyBar “two or three times” in the past several years and never caused problems there.

To hear Croce tell it, he’s vomiting up his speculation to the News – which is dutifully transcribing it – to ensure that everyone knows that Kane wasn’t drunk.  Why would that matter?

It matters because he doesn’t want the authorities or the victim to come after SkyBar for any liquor law violations or “dram shop” liability. Specifically, under New York law, if a bar serves an obviously intoxicated person who goes on to injure some third party, that injured third party may sue the bar for money damages. Croce is covering his own ass here, and the News didn’t even comment on his motive to provide these speculative details to its reporters. I mean, let’s just start the portrayal of Kane’s accuser as a whore-who-had-it-coming so that she thinks twice about suing SkyBar.

The thinking here is as misogynist as the host on WBEN who also jumped to the conclusion that Kane’s accuser is a lying gold-digger. He’s very concerned that Kane is being portrayed as “guilty of rape” (I haven’t seen that, so who knows what he’s talking about), so Croce figures he’ll denigrate Kane’s accuser by telling the Buffalo News all about the girls hanging all over Kane at the bar.

Not only do we not know if this was the same girl accusing Kane of rape, but being a flirt at a bar doesn’t give anyone the right to commit a rape later on.

Also, Croce is being duplicitous when he says he has “no skin in the game”.

Croce said that plans had been made for Kane to visit SkyBar on Saturday night with the Stanley Cup, the coveted National Hockey League trophy that Kane and his Chicago Blackhawks teammates won June 15.

But, apparently because of the controversy over the rape allegations, that visit was canceled, Croce said at about 8 p.m. Saturday.

Having Patrick Kane bring the Stanley Cup to your bar, and then canceling due to a rape allegation, is Croce’s “skin in the game”.

I agree that people shouldn’t rush to judgment and conclude that Kane is a rapist, although that presumption of innocence is a matter for judge and jury – not for anyone else. By the same token, it would be just swell if people could avoid concluding that Kane’s accuser is a gold-digger or a whore or whatever. Let the matter play out. Let the facts come out. Consider how you would react and feel if it was your daughter or wife or mother who accused someone – perhaps someone rich and prominent – of sexual assault or rape, and bigshot businessmen were running to the papers to insinuate that they had it coming. Consider then the responsibility of the news media to report on that businessman’s motive to speak in that way.

By the way – Paul Cambria is Kane’s defense lawyer, but consider this from an earlier News piece,

In an odd coincidence, the wife of Kane’s lawyer, defense attorney Paul Cambria, posted a photo of herself, her husband and another couple at what appears to be SkyBar.

“Hey … Pat Kane in da house!” she wrote.

Cambria and his wife could very well be called to testify as witnesses as to what they observed at Skybar that night, as far as Pat Kane is concerned. Query whether – or how – that affects his ability to be Kane’s lawyer here. I direct your attention to Rule 3.7 of the Rules of Professional Conduct for lawyers.

We don’t know what happened, and neither does Mark Croce. Mark Croce should STFU and the News was irresponsible for uncritically reporting what he says he saw.


Editor’s note: Commenting has been disabled on this article after a commenter left information that purported to identify the alleged victim in this case. 

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