Florida prosecutors plan to release Kraft video

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Ready or not. . . .

Prosecutors in Florida said Wednesday that they plan to release surveillance video of Patriots owner Robert Kraft allegedly paying for sex at a massage parlor in January.

Via John R. Ellement of the Boston Globe, court papers submitted by Palm Beach County State Attorney Dave Aronberg indicate a belief that the prosecution “is obligated under Florida law to provide the video to the public” in connection with the criminal case against the two women who are accused of owning and operating a prostitution ring.

The prosecution claims that, “as the custodian of the records, [it] cannot delay the release of records to allow a person to raise a constitutional challenge to the release of the documents,” adding that “[t]he Public Records Act does not allow a custodian to delay the production of records to allow the resolution of a constitutional challenge to the release of the documents.”

That seems like a stretch. If there’s a viable constitutional challenge to any planned action in any context or setting, that challenge should be resolved before the action is taken. Otherwise, the challenge — if successful — become meaningless.

The prosecution’s plan, as a practical matter, will force Kraft’s lawyers to aggressively seek a ruling blocking the release of the video. Once it’s released, it can’t be unreleased. In that same regard, once it’s seen, it can’t be unseen.

122 responses to “Florida prosecutors plan to release Kraft video

  1. Clearly a personal vendetta by a Prosecutor trying to deflect their own incompetence and corrupt initial characterization of the case as involving “human trafficking.”

    I hope that Pats’ haters love privacy more than they hate the Pats.

  2. Serves Mr. Kraft right for being so ignorant that he would not be caught or called out for it. Karma baby

  3. Are they doing this for every person charged, absolutely not. Not a fan of Kraft by any means, but the request to release it is just to humiliate him and sell newspapers.

  4. This is the dumbest thing ever. So you are going to release this because in the court of public opinion he will be tainted more? Not understanding the reasoning for even releasing this..

  5. Grandstanding by the prosecutors. The big play of human trafficking fell flat on its face, so this is the next big play to keep their names in the spotlight.

  6. “In that same regard, once it’s seen, it can’t be unseen.”

    Yup. And I certainly have no intention of watching it. I don’t want those images popping up in my head every time Kraft’s name is mentioned or he’s shown on TV

  7. Much ado about nothing. This is not a felony case. No one NEEDS to see this. If he is guilty, charge him and try him. This should not be a public spectacle.
    signed,
    Life long Dolphin Fan and Florida resident.

  8. “I hope that Pats’ haters love privacy more than they hate the Pats.”

    There is no expectation of privacy when you are committing illegal acts.

  9. Kraft just needs to take responsibility and admit he broke the law, instead of trying to win on technicalities.

    A person with morals and high character would admit his mistakes and take his punishment. But then people with morals and high character don’t use massage parlors for sex.

    The Cheatriot way!! Cheat and lie and blame others.

  10. If the suspect/defendant were any average Joe, this wouldnt even be in dispute. Show us where the law says billionaires shall be held to a different standard.

  11. I’d like to see the Venn diagram of 1) people that staunchly defend the criminal justice system 2) believe kneeling should be punishable by death 3) think the prosecutor in this case is a lawbreaker and that the poor widdle billionaire is getting treated unfairly

  12. This is terrible. I am not a Pats fan but this has nothing to do with fandom. There is NO service paid to the public by releasing this video.

  13. What happend to the human trafficking and all that jazz ? This has been a personal agenda for the start kraft is wise to fight.

  14. It’s not just about kraft, there are more people than him implicated, that are not billionaires.

    What makes the prosecutors in this case any different than TMZ?

    I also thought it had been determined that the recording of the video was done without approval via the information released on the warrant, ie illegal.

  15. There are Federal and State Laws that dictate what is and is not a matter of public record. This video is a matter of public record and will be until a Judge orders otherwise. If the Prosecution can’t reasonable explain WHY releasing this video would be detrimental to the cause of finding Justice, than they have no legal authority to delay its release. Some entity has requested this video and the Prosecution doesn’t currently have cause or the authority to deny this request.

  16. wryly1 says:

    April 17, 2019 at 1:17 pm

    If the suspect/defendant were any average Joe, this wouldnt even be in dispute. Show us where the law says billionaires shall be held to a different standard

    ~~~~~~~~~~~

    An average Joe would plead guilty and pay his fine.

  17. This is all just to distract people as Brady and Belichick prepare to win their 7th super bowl.

  18. So, let me get this straight…IF Kraft exposed himself on the internet he could be charged with indecent exposure, BUT IF the state has a video they can air it? I think the Florida heat is getting to all involved with the prosecution.

  19. mightyminer says:
    April 17, 2019 at 1:33 pm
    It’s clear no one involved is getting off without paying a price for it.

    *******************************************************************************************

    I see what you did there. Good one!

  20. Not defending him but this can become a bigger problem. If the video comes out and is later found to be illegally obtained…he could then sue the police and prosecutors for any damages (which he will incur – loss of value in team/businesses tied to him) Florida taxpayers could be on the hook for tens of millions or more.

  21. Obviously certain things will be blurred out, but I am curious to see it actually. Does it actually show him committing a crime and proposition? Very well could just be the act itself which isn’t illegal between consenting adults.

  22. Shoulda just paid the fine and moved on Mr Kraft.You are worth 6 Billion and you went to a strip mall? You coulda ordered it like pizza,and gone to a hotel instead. Come On Man

  23. It’s one thing if it were collected via public cameras, like Hunt or Rice or others. In this case the cameras were placed secretly by police. If that turns out to be illegal, then why should they be allowed to release the video? It will come out any way if it was legal.

  24. exinsidetrader says:
    April 17, 2019 at 1:02 pm

    Clearly a personal vendetta by a Prosecutor trying to deflect their own incompetence and corrupt initial characterization of the case as involving “human trafficking.”

    I hope that Pats’ haters love privacy more than they hate the Pats.

    ***

    I don’t think you can call it a “vendetta” if there is a state law mandating release of the video. Take it up with Florida’s government.

  25. So the prosecution is saying that there is no mechanism for delaying the release of a video until it can be decided if the filming was legal? I’m sure Kraft’s lawyers will be holding on to that statement.

  26. Better to release it now when you know TMZ will have it at some point. This way it’s not coming out during Super Bowl week, ruining football conversations for the week.

  27. jman967 says:
    April 17, 2019 at 1:13 pm
    “I hope that Pats’ haters love privacy more than they hate the Pats.”

    There is no expectation of privacy when you are committing illegal acts.
    ======================
    Tanslation: Please remove the entire fourth amendment.

  28. Kraft has been playing with fire all this time and now he’s going to get burned. The release of the video always loomed as the part of the case that could most damage him. Instead of just paying the fine and moving on, he chose for the case and its evidence to be tried in public. He had to know all along that this was one of the potential, even likely, outcomes.

  29. tonyzendejas says:
    April 17, 2019 at 1:56 pm
    Pats fan here! Release it. No one is above the law.

    ————–

    What does it have to do with Kraft and the law? He will stand trial for the misdemeanor crime he was accused of. The release of the video has no bearing on that at all.

  30. Why make such a big deal about it? Idiotic laws in this country trying to enforce morality under the red herring of “human trafficking”.

  31. jm91rs says:
    April 17, 2019 at 1:59 pm
    Better to release it now when you know TMZ will have it at some point. This way it’s not coming out during Super Bowl week, ruining football conversations for the week.

    —————-

    What exactly are people looking to see? There is already an account of what is on the video. Isn’t that enough? Just assume what the account says and move on. it doesn’t make him more or less guilty if you see the video.

  32. Why isn’t the prosecutor releasing joe smiths or John Jones video?

    There was no human trafficking

    The payout for the lawsuit that Robert Kraft wins will bankrupt the city

  33. mountaingirl39 says:
    April 17, 2019 at 1:05 pm
    Are they doing this for every person charged, absolutely not. Not a fan of Kraft by any means, but the request to release it is just to humiliate him and sell newspapers.
    ————–
    Making an example out of John Doe doesn’t help. Making an example out of Bobby might though.

  34. mountaingirl39 says:
    April 17, 2019 at 1:05 pm
    Are they doing this for every person charged, absolutely not. Not a fan of Kraft by any means, but the request to release it is just to humiliate him and sell newspapers.
    _________________________________________________________________________________________

    It is all public record in the State of Florida. They are not singling anyone out – anyone can request the record of any crime.

  35. “Why isn’t the prosecutor releasing joe smiths or John Jones video?”

    If there is a FOIA form submitted for the release of those videos, they would be released. However, John Jones is not a public figure and it’s likely to draw any release forms. I don’t know how it is so hard to comprehend this. The prosecutor isn’t threatening to release the videos, he is saying he is not withholding the release from FOIA submissions. It’s a public right, not a vindictive prosecutor.

  36. jayrandle says:
    April 17, 2019 at 1:23 pm
    Or can Goddell destroy that tape like he did the ‘SpyGate’ tapes?
    —————
    You do know that taping opponents’ signals are not against the rules, right? Never have been and never will be. The camera was just a few feet out of position. According to people who have seen the tapes, there’s more shots of hot women in the stands that the sidelines…

  37. tonyzendejas says:
    April 17, 2019 at 1:56 pm
    Pats fan here! Release it. No one is above the law.
    ————————–
    Thank you for your logical comment! I can’t believe how many people support this guy only because they are a fan of the team. I bet you more than half of the Kraft sympathizers would be bashing him if he were the owner of the Jets. Crazy how much a sport can influence people.

  38. Like it or not, records generated by the government are presumed to be public records that are available for public inspection. Unless the government has a lawful reason to withhold the record, the government is compelled to release it when it is requested.

  39. This is terrible. I am not a Pats fan but this has nothing to do with fandom. There is NO service paid to the public by releasing this video.
    —————————————————-
    Well apparently he already paid for the service.

  40. That city is going to be sued into bankruptcy. They trampled on the rights of many innocent persons, in order to obtain a video that they didnt even have a warrant for. Hopefully the citizens of the city are okay with their tax increases.

  41. My guess is they are doing this because Kraft has the money to employ enough lawyers to win a court case on a technicality and the prosecution doesn’t want him to get away with it. Anyone with an ounce of common sense now knows Kraft is guilty. He apologized for it without saying it and the video evidence is obviously there. If I were Kraft I’d just plead guilty and try to keep the video from being released.

  42. Listen, I see people call players everything in the book over minor transgressions such as speeding. You guys need to keep the same energy when people participate in Human Trafficking.

  43. It’s almost for certain that he has done this before. He has power and wants to exert it over someone else (for a price). He knew what to do. He probably wouldn’t have been charged after being stopped the first day if he hadn’t been so greedy going back the next day. He knew what he was doing.

  44. To the “just pay the fine” cadre. You all realize it could be more than that right? Or is it just as simple to turn around and say “just serve the jail time”? Understanding of course that none of the 25 individuals (including Kraft) get to pick one over the other ahead of time. LOL

  45. wcman says:
    April 17, 2019 at 2:52 pm
    My guess is they are doing this because Kraft has the money to employ enough lawyers to win a court case on a technicality and the prosecution doesn’t want him to get away with it. Anyone with an ounce of common sense now knows Kraft is guilty. He apologized for it without saying it and the video evidence is obviously there. If I were Kraft I’d just plead guilty and try to keep the video from being released.
    ===========================
    Understanding that guilt has zero bearing on the video being released. Meaning he could do exactly as you suggest and the video could still be released.

  46. hailtothenamechange says:
    April 17, 2019 at 2:38 pm
    Like it or not, records generated by the government are presumed to be public records that are available for public inspection. Unless the government has a lawful reason to withhold the record, the government is compelled to release it when it is requested.

    —————–

    There are ongoing court proceedings to decide if the video was obtained legally. That seems lawful.

  47. youngnoize says:
    April 17, 2019 at 2:57 pm
    Listen, I see people call players everything in the book over minor transgressions such as speeding. You guys need to keep the same energy when people participate in Human Trafficking.

    ———–

    Who participated in human trafficking? Nobody in this case did.

  48. youngnoize says:
    Listen, I see people call players everything in the book over minor transgressions such as speeding. You guys need to keep the same energy when people participate in Human Trafficking.
    —-
    The trafficking aspect of this investigation was an illusion.

    “No one is being charged with human trafficking. There is no human trafficking that arises out of this investigation,” Florida Assistant State Attorney Greg Kridos said.

  49. He quoted law and you indicate it is a stretch. Does that mean nothing should happen until the law is changed to suit your pleasure?

  50. This is perfect for Patriot fans. They’re not happy unless they feel the entire universe is against them in some trumped up conspiracy to defraud them. I truly feel for the victims in Boston. Not that anything has happened there, just the fact that they have to live in Boston. Poor things.

  51. hailtothenamechange says:
    April 17, 2019 at 2:38 pm
    Like it or not, records generated by the government are presumed to be public records that are available for public inspection. Unless the government has a lawful reason to withhold the record, the government is compelled to release it when it is requested.
    ——————-
    The same government entity is also compelled to uphold the fourth amendment. Which protects
    from illegal search and seizure. That would seem like a fairly large lawful reason IMHO.

  52. This is just a threat by the prosecution to try to get Kraft to plead out and make him and his expensive lawyers go away. The fact is if they actually release this video, he will end up owning the city. He will sue them SO hard that they will have to let most of their city officials go just to have an operating budget…especially once this goes to trial and the jury finds that the prosecution didn’t have “probable cause” to collect video…only to “observe”. Add that his civil rights were violated on top of the fact he’ll be found not guilty and the price will be hefty. I truly hope that he calls their bluff for all of us simpletons who have experienced a handy at one of these joints.

  53. Soliciting prostitution is illegal in Florida. Kraft broke the law, and should be treated the same as anyone else.

    Don’t care how rich you are.

  54. Look, all he had to do was admit it, apologize and move on. These days, people pretty much expect old rich guys to do this sort of thing and no one bats an eye. To apologize and they you did nothing wrong, just makes you look like a senile old rich guy. Dude, you went to a place called Orchids of Asia! Unless it’s a floral shop, it pretty much screams human trafficking.

  55. Edward Halverson says:
    April 17, 2019 at 3:14 pm

    Soliciting prostitution is illegal in Florida. Kraft broke the law, and should be treated the same as anyone else.

    Don’t care how rich you are.
    __________________
    He did NOT break the law as he has not been PROVEN to have broken the law (see “Presumption of innocence”)
    You must be a fan of the Bills.

  56. Edward Halverson says:
    Soliciting prostitution is illegal in Florida. Kraft broke the law, and should be treated the same as anyone else.

    Don’t care how rich you are.
    —-
    And apparently you dont care that the police violated the rights of the innocent to obtain their evidence. Many persons(men and women) went to that place for a legitimate massage, and they were recorded as well. Law Enforcement didnt even have a warrant for recording video.

  57. A video of Kraft paying (at the cash register on his way out) doesn’t seem all that salacious.

  58. The Florida Public Records Act is pretty stringent and clear — Kraft’s remedy is to seek court-ordered injunctive relief precluding release of the tape pending appeal. If the court doesn’t grant that relief, or if Kraft doesn’t seek injunctive relief, under the Act the tape must be released. There is no provision in the law that says if it’s a rich guy, an important guy, or a poorly-endowed guy, the video can’t be released.

  59. “Law Enforcement didnt even have a warrant for recording video.”

    They had a warrant to videotape.
    Do you know anything about this case?

  60. The video is evidence and evidence is to be released to the public at a certain time. So no this is not an evil agenda by the prosecutors against Kraft, this is just how our criminal justice system works. This is done so there is some transparency in our criminal justice system. We already have enough cop hating conspiracy theorists in this country could you imagine if we started charging people and then refusing to release evidence to the public!!!

  61. This isn’t a vendetta against Kraft. Florida law requires police agencies to follow the law and release materials when requested. It’s not the prosecutor’s decision. They have to follow the law, too, and Florida law allows this.

  62. therealjr says:
    April 17, 2019 at 2:12 pm
    Why make such a big deal about it? Idiotic laws in this country trying to enforce morality under the red herring of “human trafficking”
    __________________________

    This statement is clearly an example of what is wrong with this country now.

  63. A video of Kraft paying for his massage at the front counter. Proves he’s guilty of getting a massage.

  64. “That city is going to be sued into bankruptcy. They trampled on the rights of many innocent persons, in order to obtain a video that they didnt even have a warrant for. Hopefully the citizens of the city are okay with their tax increases.”

    Sorry — there are caps on lawsuits against the government to keep anyone from suing states into bankruptcy.

  65. If he had only said sorry and taken responsibility for his actions. instead he decided to fight the allegations and now he will be embarrassed publicly

  66. thegreatjimbrown says:
    April 17, 2019 at 3:49 pm

    This isn’t a vendetta against Kraft. Florida law requires police agencies to follow the law and release materials when requested. It’s not the prosecutor’s decision. They have to follow the law, too, and Florida law allows this.
    ————-
    There is no Florida law in place requiring the release of this information. You have no idea what you are talking about.

  67. jman967 says:
    April 17, 2019 at 3:33 pm
    “Law Enforcement didnt even have a warrant for recording video.”

    They had a warrant to videotape.
    Do you know anything about this case?
    ===========================
    I believe this is in reference to the issued warrant reportedly missing language specifically allowing video taping.

  68. Here is the relevant statute:
    (12) “Public records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

    I still contend that it doesn’t apply to “evidence” but even if it does, the phrase “made or received pursuant to law” seems to exclude the video if the evidence has been deemed inadmissible. (I know it was challenged but I can’t remember if the challenge was upheld)

  69. Kreepy Kraft doesn’t like hearing that. I’m not sure I’d want to see a creepy old guy engaging in such activity with a young lady. It’s disgusting.

  70. This is State of Florida laws and attorneys at their finest. The justification and basis for releasing the video is a complete joke. As it was already clearly pointed out. So you can’t wait to release the video? C’mon. Florida can’t get their voting counts performed reliably and they sure can’t follow common sense or reasonable court practices either.

    Only doing it because Florida feels they can do whatever they want to someone. No rhyme or reason for releasing it before hand. The state that is the laughing stock of America when it comes to laws, state and local.

  71. I love it how all the law & order types lose their minds when the billionaire owner of the Pats has an incriminating hooker video released, but if this was a practice squad player for the Giants or Ravens they’d be pounding their chests about the Patriot Way.

  72. dobreshunka says:
    April 17, 2019 at 7:59 pm
    I love it how all the law & order types lose their minds when the billionaire owner of the Pats has an incriminating hooker video released, but if this was a practice squad player for the Giants or Ravens they’d be pounding their chests about the Patriot Way.

    ————–

    If it was a practice squad player for the Giants or Ravens none of us would have ever heard about it.

  73. Clever play by the prosecution to compel Kraft to plead out. If he decides to fight it, he can expect his name to be dragged through the mud like anybody else.

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