Attorneys for Robert Kraft and Palm Beach, County, Fla, prosecutors are still jockeying for position in the pending criminal case against the billionaire New England Patriots owner. It appears, however, that apart from the authorities’ initial splashy press conference and some subsequent comments, no evidence of human trafficking at the Jupiter, Fla., massage parlor has apparently emerged. This raises a fundamental question: Shouldn’t local cops be investigating or preventing serious felonies rather than spending/wasting time pursuing low-level charges against Mr. Kraft and other spa customers. If human trafficking was really going on, cops in the multi-county investigation were duty-bound to immediately rescue the women held against their will and shut down the locations rather than investigate for six months or so. Although prostitution is obviously illegal in Florida, morality aside, it appears that the scenario revolves around consenting adults engaging in commerce.

Authorities have charged several massage parlor owners with felony prostitution.

Kraft, 77, has understandably refused to accept a so-called diversion program for first offenders on two misdemeanor soliciting prostitution charges to resolve the case. His lawyers have entered a not-guilty plea on his behalf, with a request for a jury trial.

As a condition of brooming the case, prosecutors insist that the widower formally admit that he would be found guilty if the case went to trial. Some legal observers describe this as a backdoor guilty plea which is unacceptable especially to anyone with the resources to fight the charges.

Suppressing the Sex Tape

Kraft’s high-powered legal team this week filed a 92-page motion to suppress evidence in the case on grounds that it was obtained unlawfully, primarily relating the surveillance videos secretly installed inside the Jupiter spa. Detectives used a fake bomb threat as a pretext for gaining access to the premises to install the hidden cameras.

Kraft is allegedly on camera receiving extra massage services, a.k.a. “a handy,” or perhaps something more invasive.

Keep in mind that the court of public opinion operates far differently than the legal court where technical rules of evidence admissibility (or inadmissibility) apply.

Illegal Sneak and Peak Under the 4th Amendment?

ESPN explains:

“Kraft’s attorneys argued that using the cameras to prosecute misdemeanor crimes violated constitutional privacy protections and prohibitions against unreasonable searches. In addition, a Florida law says police can only make secret recordings when investigating certain serious felonies. Kraft is charged with solicitation, which is not a felony.

“The attorneys want all evidence collected against Kraft thrown out. If they are successful, the case against Kraft could be dismissed, and the other 24 men who have been similarly charged in the Orchids of Asia investigation could try to follow suit.”

NBC West Palm Beach affiliate WPTV has more:

“First, defense counsel argues while sneak-and-peek warrants are lawful in Florida, prostitution is not on the list of crimes which allow for this type of investigative technique.

“‘Florida’s Legislature, in 2000, specifically removed prostitution from the enumerated crimes eligible for such surveillance,’ defense wrote in their argument…

“Crimes like murder, theft, money laundering, human trafficking and violating the RICO Act are included in a list of offenses which authorize law enforcement interception, like wiretaps. Prostitution-related crimes are not included.

“‘The Martin County investigation focused on alleged human trafficking and money laundering, however, the JPD’s investigation was focused solely on prostitution allegedly occurring at Asian massage parlors in strip malls,’ defense attorney wrote in the motion.”

“To help illustrate their argument, defense counsel attached the search warrant affidavit and order granting the search as exhibits in their motion.

“The records had not yet been released to the public, despite numerous records request[s] to both the State Attorney’s Office and Jupiter Police Department.

“Both records show Jupiter detectives were investigating the felony crime of deriving benefits from the proceeds of prostitution. No other crimes are listed in the warrant.

“As a result, Kraft’s legal team says the billionaire’s fourth amendments for unlawful search and seizure were violated.”

Mr. Kraft’s legal team is also challenging the traffic stop. Kraft was a passenger (rather than the driver) in the pulled-over vehicle. It is far from clear at this point if there was probable cause to ask for his driver’s license as a way to identify him unless there was a legitimate underlying reason for the stop and requesting an ID from a non-driver.

In going for a so-called sneak and peak warrant, cops also allegedly exaggerated a health inspector report (that actually provided no support for trafficking on the premises) to convince the judge to sign off on the surveillance.

“Lower in the 92-page filing, there was a preview of another argument: there was no explicit sex act demanded thus no solicitation occurred,” USA Today added. 

It remains to be seen if Kraft’s legal strategy will prevail in court.

Revenge Porn by the Media?

Meanwhile, national and local media outlets intent on getting the tapes released have registered opposition to the Kraft team’s motion. Boston’s WEEI.com calls that effort “legally sanctioned revenge porn.” There is also the possibility that prosecutors are pressuring Kraft by using the videos as a bargain chip.

WEEI’s media column continues:

“Sports Illustrated legal analyst Michael McCann told WEEI.com over email it could be difficult for the news organizations to obtain any evidence that’s suppressed. ‘It’s hard to predict whether the media companies will get the videos because this is an unusual situation where the police have a lot of discretion in terms of record requests and the records they seek are so personally sensitive,’ he wrote. ‘It’s possible that prosecutors have suggested to Kraft’s attorneys that if Kraft agrees to a plea deal, prosecutors would support the videos be sealed.’

“That makes sense. If prosecutors present the videos to make their case, then it would behoove reporters covering the story to obtain the evidence for themselves. But if the tapes are suppressed, then they’re irrelevant. And besides, there are already two publicly released police reports with graphic descriptions of the videos’ contents. 

“Under any circumstances, it is difficult to see how actually broadcasting the tapes on TV or posting them online would add to the public discourse or better serve anybody’s understanding of the case.”

No matter what happens in court, would anyone be surprised if TMZ eventually gets its hands on the footage?

Parenthetically, it is also interesting that the liberal blue-check sports media has abandoned all their professed concerns for civil liberties in their campaign to get prosecutors and/or the National Football League to throw the book at Robert Kraft. And as if these pure-as-the-driven-slush moralizing “journalists” don’t have any secrets about extracurricular activities, say, on long road trips.

Could it have anything to with his friendship with President Trump? Recall that several years ago, a MAGA hat in Tom Brady’s locker completely triggered reporters.

Outside of New England, most of America is probably sick of the Patriots by default going deep into the playoffs ever year, if not winning the Super Bowl. That’s primarily because of the very lame, noncompetitive NFL American Football Conference — plus the Belichick-Brady connection rather than directly because of highly respected owner Robert Kraft, however, although obviously he’s paying the bills to field the team.

Activist groups have called upon the NFL to banish Kraft from the league over human trafficking, even though there is no evidence, so far, of human trafficking at the Jupiter location.

Check back for updates on the Robert Kraft soliciting prostitution allegations and the status of the motion to suppress in the pending case.

[Featured image: BrokenSphere, Wikimedia Commons, CC BY-SA 3.0 license.]