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Robert Kraft's attorneys file new argument to keep surveillance video evidence sealed in prostitution case

Posted at 2:19 PM, Apr 10, 2019
and last updated 2019-04-12 18:59:23-04

PALM BEACH COUNTY, Fla. — New England Patriots owner Robert Kraft and his attorneys filed new arguments in Palm Beach County court Wednesday, asking a judge to seal videos of his alleged sex acts with a spa worker from public view.

In February, Kraft and 24 other men were charged with soliciting another to commit prostitution. It was part of a months-long sting at various spas across Jupiter and the Treasure Coast.

Documents show videos were taken of the alleged sex acts through hidden surveillance cameras.

The new documents were filed Wednesday in anticipation of a hearing on Friday between the New England Patriots owner's attorneys and various media organizations.

In the filing, Kraft's attorneys argue "good cause exists" to keep the videos from public view permanently, meaning a judge would grant the protective order.

"Indeed, it is difficult to imagine a case that could better justify entry of a protective order," the filing goes onto say.

Attorneys for Kraft are also arguing that "whatever the parties may dispute, it should be common ground that disclosure of the Videos would compromise the privacy interests of the individuals captured on tape in ways that transcend the misdemeanor prosecution at hand," adding the videos were obtained in a "lawless, unconstitutional" fashion.

"It would follow from any grant of suppression, which this Court has yet to decide, that no such videos should ever have been made by the police, much less be broadcast around the world," the filing says.

Kraft's attorneys also claim releasing the videos could "destroy any prospect of Mr. Kraft receiving a fair trial," and that "sealing the videos would be the most sensible option."

The motion for protective order is expected to be heard on Friday.

A motion to keep the videos from being entered into evidence at trial, also known as a motion to suppress, is being heard on April 26.


Attorneys for Kraft also filed an order asking Palm Beach County State Attorney Dave Aronberg to provide "all evidence materially favorable" to Robert Kraft, including "impeachment evidence" and evidence "known only to police investigators and not the prosecutor."

Kraft's attorneys get more specific, asking for "any and all information regarding everyone who was recorded inside the Orchids of Asia Day Spa during the 'sneak and peek' search warrant... but who were not charged with any offense and/or were not suspected of unlawful activity."

They also want "any and all information casting doubt on any claim that those working at the Spa were involved in or victims of human trafficking."

Attorneys say the State Attorney's office "already confirmed and conceded that there is no evidence for human trafficking. This demand seeks the direct information upon which that conclusion was reached."

Attorneys are also looking for any information on Detective Andrew Sharp, the detective who applied for the sneak-and-peek warrant that captured the alleged sex acts of Kraft and 24 others.

Attorneys want the State Attorney's office to provide "any and all false or misleading information in his affidavit for said warrant," or "any information that calls into question" the credibility of people who helped him gain information to apply for the warrant.

Attorneys are looking for information on Florida Department of Health inspector Karen Herzog as well. She's the inspector who first alerted authorities to possible human trafficking/prostitution.