Prosecutors make bizarre claim against Robert Kraft’s lawyers

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In an adversarial setting, lawyers ask witnesses a wide range of questions for a wide range of purposes. And it’s for the witness to listen to the question and to answer it truthfully.

If the inquiry amounts to, as the great Mona Lisa Vito once said, a “bullsh-t question,” the witness should say so.

And if the question is objectionable, it’s for the opposing lawyers to strenuously object.

In the increasingly contentious prosecution of Patriots owner Robert Kraft, the authorities have opted to take a much different approach.

Per the Associated Press, the Palm Beach County district attorney has filed a motion asking the presiding judge to hold attorneys William Burck (pictured, left) and Alex Spiro in contempt of court, and to throw out their questioning of police officer Scott Kimbark from a recent hearing a motion to suppress “sneak and peek” surveillance video on which the case is based.

On January 19, Kimbark pulled over the car in which Kraft left the Orchids of Asia day spa under allegedly false pretenses, in order identify Kraft. Spiro, while questioning Kimbark last week, accused him of saying as to other men pulled over after leaving the spa that he would “make some sh-t up” to justify a given stop.

The prosecutors could have objected to any such questions by arguing that the assertion that the questions presume facts not in evidence. Burck tells PFT that they did not.

“It’s an act of desperation by the State Attorney Dave Aronberg,” Burck added in a statement to PFT. “They know what they filed is false and misleading to the court but they did it anyway because they are desperate. That’s because they want to deflect attention away from their illegal and unconstitutional methods in investigating and prosecuting this case. They first falsely accused Robert Kraft of being involved with human trafficking and then had to back off. Now they are falsely accusing the defense lawyers of lying to the court. It’s pathetic. But it takes a lot more than State Attorney Dave Aronberg and the lawyers he’s got in court to intimidate Quinn Emanuel lawyers from doing their jobs in a vigorous and ethical manner.”

Burck and Spiro also have filed a preliminary written response to the contempt motion, which explains that any imprecision in the questioning of Kimbark resulted from the fact that the prosecution had withheld body camera footage of the exact language used by Kimbark, and that Burck and Shapiro had a “good-faith basis” for the questions posed to Kimbark. A lengthier response will be filed tomorrow, if the prosecution does not abandon its motion for contempt of court.

25 responses to “Prosecutors make bizarre claim against Robert Kraft’s lawyers

  1. Cracker barrel Florida prosecutors and law enforcement “officials” who clearly violated citizens’ rights are being exposed (there is now a class action suit on behalf of all the non-charges customers) . The warrant did not allow videotaping. PERIOD. Hundreds of people were victims of the Jupiter Florida Sheriff’s department that clearly broke the law. They should be prosecuted. Where is the Florida Attorney General in all this? Will anyone want to vacation in Palm Beach County knowing that the police feel free to violate personal rights unconstrained by the US Constitution and Florida law? This is no longer about Robert Kraft – it’s about the rogue police forces employed by Palm Beach County that exceed warrants and then brag about it on national television. The Sheriff is a total disgrace and should be prosecuted for violating citizens’ rights (think about the innocents whose videos are soon to be in circulation). The district attorney who agreed to file the charges should be disbarred!

  2. A strategy only available to the richest of society, keep throwing more and more money at this process, prolonging the case for months at a time until it finally fizzles out. Who has more money to spend, Kraft or the County DA? Answer: Kraft! Once upon a time, he could have pled to a misdemeanor and this would have been buried by now! This drawn out proceeding just makes Mr Kraft seem guilty as charged.

  3. rpw84 says:
    May 7, 2019 at 9:28 pm
    A strategy only available to the richest of society, keep throwing more and more money at this process, prolonging the case for months at a time until it finally fizzles out. Who has more money to spend, Kraft or the County DA? Answer: Kraft! Once upon a time, he could have pled to a misdemeanor and this would have been buried by now! This drawn out proceeding just makes Mr Kraft seem guilty as charged.
    ________________________________________________________________________________________

    He was accused of HUMAN TRAFFICING, not just solicitation. I’m just a poor schmo, but I know that if I had been accused of that, I would fight it with every last cent I have and would drag it out as long as it would take. Sure he was foolisdh, but he has every right to defend himself and his actions.

    BTW, not a Pats fan

  4. rpw84 says:
    May 7, 2019 at 9:28 pm
    A strategy only available to the richest of society, keep throwing more and more money at this process, prolonging the case for months at a time until it finally fizzles out. Who has more money to spend, Kraft or the County DA? Answer: Kraft! Once upon a time, he could have pled to a misdemeanor and this would have been buried by now! This drawn out proceeding just makes Mr Kraft seem guilty as charged.
    ——————————
    Which of course explains the non-guilty pleas for all the OTHER defendants who aren’t billionaires…

  5. rpw84 says:
    May 7, 2019 at 9:28 pm
    A strategy only available to the richest of society
    ******************
    You should have read the WHOLE story…Law Enforcement WITHHELD body cam video/audio evidence from the court. Every citizen has a right to full protection under the law, whether a billionaire or John Q. Public.

  6. Props Florio !! You got in law comparisons from “My Cousin Vinnie” and “A Few Good Men” both in the same story !!

  7. This is like something out of the show “Suites”. Lawyers Ego’s are getting in the way of actual justice whether it’s to prove Kraft did something illegal or the Florida Sheriff’s department did something illegal. This will come down to who has the most resources to throw at this case.

  8. Who has more money to spend, Kraft or the County DA? Answer: Kraft! Once upon a time, he could have pled to a misdemeanor and this would have been buried by now!

    ——————————————–

    Are you kidding me- sure Kraft is wealthy, but the Government has UNLIMITED resources. The biggest “money wasting” going on was done by the Sherrif’s Department.
    And of course current Prosecutorial trends seek to get people to a plea deal whether they did it or not- they just ran into a buzzsaw here.

    Read the article- they haven’t even given Kraft’s lawyers the traffic stop bodycam footage yet- but their all about trying to leverage him by PUBLICLY releasing the in store video?

  9. rpw84 says:
    May 7, 2019 at 9:28 pm
    A strategy only available to the richest of society…
    ——————————————————-

    In this country legal representation is a right of all citizens. The sixth amendment of the constitution provides that protection. Kraft as well as the other two billionaires charged with the misdemeanors have that right, as do the other 20+ non-billionaires charged, as do the over dozen non-billionaires not charged who have joined in a class action suit, which the billionaires are not part of, to prevent the videos from being released.

  10. rpw84 says:
    May 7, 2019 at 9:28 pm
    A strategy only available to the richest of society, keep throwing more and more money at this process, prolonging the case for months at a time until it finally fizzles out. Who has more money to spend, Kraft or the County DA? Answer: Kraft! Once upon a time, he could have pled to a misdemeanor and this would have been buried by now! This drawn out proceeding just makes Mr Kraft seem guilty as charged.
    _____________________________________

    You don’t seem to get it… this will only help people that can not afford to pay a lawyer to defend them in the future. This will be referred to in similar cases in which police overstep the law, making it easy for an public defender to defend their clients rights. Sometimes it takes a wealthy person to expose the shady practices of law enforcement.

  11. You don’t seem to get it… this will only help people that can not afford to pay a lawyer to defend them in the future. This will be referred to in similar cases in which police overstep the law, making it easy for an public defender to defend their clients rights. Sometimes it takes a wealthy person to expose the shady practices of law enforcement.
    _____________

    Agree. Very well said.

  12. Just release the body cam audio………………that shpuld clear it up.
    You know ……..in the interest of finding out the truth.

  13. Let’s get real. If Florida authorities already knew that Robert Kraft was involved, and that Robert Kraft has donated a lot of money to Florida charities, they would have cut him some slack and turned him loose without filing charges against him. The greater good was ignored in their attempt to hang a famous scalp on the wall. As the saying goes: They may be killing the goose that lays the golden eggs. I hope all this official over reach comes back to bite them in the ass.

  14. The level of competence of Florida law enforcement is easily evidenced by two recent incidents in southwest Florida.
    #1. A city policeman shoots and kills a female volunteer in a training exercise. The chief and town try to bury (no pun) the matter. The chief is eventually replaced. This was not the first incident by the shooter. The case has yet to go to trial (after 2 years.) The killer runs free while the courts delay matters.
    #2. In a city not far from #1, a cop responds to an alleged hold-up. The perp runs. The cop chases and catches him. The perp beats the cop down, takes his gun and shoots him. The cop dies and other responding police arrest the shooter. The dead cop is proclaimed a hero? In most police departments, the cop would have shouted “Halt!” His next acts would be to aim and fire. Problem solved. Instead, the perp sits in jail and is being considered for evaluation due to a mental disorder.
    Comes now the case in Jupiter … another sad story. Money is talking and everyone is walking.

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