The prostitution scandal of New England Patriots owner Robert Kraft became even more interesting Wednesday afternoon, as attorneys representing Kraft went on the offensive against the Jupiter Police Department.
In a 92-page court filing, Kraft’s legal team alleged that Jupiter Police Department officers violated both the U.S. Constitution and Florida Constitution by misrepresenting evidence in order to obtain a search warrant and used investigative tactics otherwise reserved for serious felony offenses, not low-level solicitation investigations.
Kraft’s legal term asserted that using surveillance cameras to investigate and prosecute a misdemeanor offense is a violation of constitutionally guaranteed privacy protections and prohibitions against unreasonable searches at the federal level. They also contend that the State of Florida is even more specific in their laws regarding secret surveillance and stipulates that police can only utilize hidden surveillance equipment when investigating specific, serious felony offenses.
Excerpts from the court filing argue that Jupiter Police “resorted to the most drastic, invasive, indiscriminate spying conceivable,” and had no authority whatsoever for something as drastic as ‘sneak and peak’ video surveillance.”
Robert Kraft was arrested and charged with two counts of misdemeanor solicitation on February 22, 2019 for activities that he allegedly participated in the weekend of the AFC Championship (January 19 and 20, 2019). As a result of the search warrant in question, Jupiter PD was able to covertly install surveillance camera equipment in the Orchids of Asia Day Spa, that allegedly recorded Kraft participating in paid sexual acts with employees of the spa on two separate occasions. These recordings became the basis of Kraft’s arrest and ongoing prosecution. Notably, neither of the charges against Kraft are felony offenses.
These court filings come a few weeks following Kraft’s not-guilty plea and subsequent publicly apologetic statement. In his apology, Kraft expressed his remorse for his actions, stating, “I am truly sorry…I know I have hurt and disappointed my family, my close friends, my co-workers, our fans and many others who rightfully hold me to a higher standard.” Notably, despite his not-guilty plea in court, Kraft did not include a denial of the allegations made against him in his statement; nor has he insisted otherwise in the time since the statement’s release.
Rather, it appears that Kraft’s legal strategy will be to dismantle aspects of the investigation with the most tenuous legal standing, such as the warrant that authorized the use of hidden surveillance equipment in the investigation. The court filing made Wednesday requests that all evidence collected against Kraft be dismissed, along with all charges against him. Should he be successful in his efforts, the other 24 defendants in the Orchids of Asia investigation would be likely to follow suit in their own cases.
While the State of Florida has yet to respond to the motion filed by Kraft and his legal team, it is likely they will argue that Kraft’s attorneys are misrepresenting the facts and law in this matter and that Jupiter Police acted lawfully in their investigation of the Orchids of Asia Day Spa.