A Florida prosecutor is appealing a judge’s ruling that the state cannot use surveillance video and other evidence in the prostitution solicitation case against NFL team owner Robert Kraft.
Judge Leonard Hanser issued the ruling Monday. The ruling was a major win for Kraft, who sought to suppress the purported evidence from the Orchids of Asia Day Spa in Jupiter.
Fifteenth Judicial Circuit State Attorney Dave Aronberg’s appeal does not specify any arguments.
The New England Patriots owner was one of dozens of spa patrons allegedly caught on camera receiving illicit massages at the spa in January.
He and other defendants pleaded not guilty to misdemeanor charges stemming from the footage and other surveillance methods.
Kraft’s lawyers challenged the validity of the search warrant that let authorities install hidden cameras inside the spa, and argued that the warrant violated Kraft’s Fourth Amendment rights and Florida law.
Kraft’s attorney, William Burck, issued a statement Friday saying Aronberg’s appeal is the prosecutor “acknowledging he has no case without the illegal video recordings that four Florida judges have now found to be unconstitutional.”
“No evidence means no trial. So the State had only two options — drop the case or appeal,” the statement read. “They chose to appeal, but we are confident the appellate court will agree with Judge Hanser and the other judges who threw out their illegally obtained evidence.”