Looks like New England Patriots owner Robert Kraft is going to beat his Florida sex solicitation rap.
Prosecutors said Monday that they won’t challenge an appeals court ruling that banned them from using a surveillance video from inside the Orchids of Asia Day Spa against Kraft, which all but killed their sex-for-cash case against the billionaire NFL owner, ESPN reported.
“Based on that analysis and after consulting with the prosecuting state attorney’s office, the decision was made not to seek further discretionary review,” said Kylie Mason, a spokeswoman for the state attorney general’s office, according to the report.
Kraft’s attorney declined to comment on the decision but asked in a court motion filed Monday that the video be destroyed.
“Only by ordering the state to destroy the videos and to comply with interim measures securing them can the court guard against the palpable risk of further leak or misuse and correspondingly vindicate the constitutional principles and rights that are at stake in this case,” Kraft’s lawyer, Frank Shepherd, wrote in the motion.
Kraft, 79, who owns a home in Palm Beach, was among 25 men accused in February 2019 of paying for sex acts at the Jupiter, Florida, massage parlor.
But last month the 4th District Court of Appeals ruled that investigators had fumbled by secretly recording the surveillance footage and violated Kraft’s right to privacy. The footage could therefore not be presented as evidence if he went to trial — essentially killing the case.