Florida prosecutors on Monday asked a judge to slow down the solicitation case pending against New England Patriots owner Robert Kraft so the government has to time to pursue its appeal of a recent order that effectively banned video evidence from the case.
In a motion filed Monday in Palm Beach County, prosecutors said they’ll be put in a difficult spot if they’re forced to put on a case against Kraft, based on his right to a quick trial, before a ruling on their appeal.
“Should the Court refuse to enter a stay on its Order, the state will be forced to proceed to trial without its crucial evidence before the State is able to obtain a ruling from the Appellate Court,” the motion said. “Such a ruling is contrary to the interests of justice as it effectively precludes any meaningful appellate review.”
The crucial evidence referred to is the surveillance video that allegedly shows Kraft paying for sex at the Orchids of Asia Day Spa in Jupiter, Fla. The video was gathered as evidence in the case against Kraft and 24 other men who are charged with paying for sex at the spa.
A Florida judge ruled Monday that the video also cannot be used in a separate case against the owner and manager of the day spa. Spa owner Hua Zhang and manager Lei Wang face several counts related to prostitution. Both have pleaded not guilty.
Kraft, 77, pleaded not guilty to two misdemeanor counts of solicitation, but he has not denied the accusation that he received sexual acts for money at the spa. In his lawyers’ arguments against the charges, Kraft has essentially admitted he was caught on video receiving such services. That could be significant when NFL Commissioner Roger Goodell considers discipline. The NFL is not bound by court rulings, and a dismissal of criminal charges wouldn’t mean Kraft is off the hook with the league.