With a Florida judge ruling that the surveillance video in the Robert Kraft solicitation of prostitution case cannot be used at trial, the fact remains that the video exists — and that Florida law makes any evidence generated in the normal exercise of law-enforcement activities subject to public disclosure.
Thus, as the case moves forward, an effort will be made by Kraft’s lawyers to have the surveillance video permanently expunged, preventing it from ever being obtained by media outlets and/or the general public.
It’s possible, in theory, that the video will be subject to public disclosure, even though a judge has ruled that failure to protect innocent citizens who were legitimately getting massages at the Orchids of Asia day spa makes the video inadmissible at the trial of Kraft, who allegedly solicited prostitution. Kraft’s lawyers will surely argue aggressively against that outcome, hoping to parlay Monday’s victory into a ruling that keeps the humiliating video of Kraft engaged in sexual activities from ever seeing the light of day.
It’s still not clear who actually would want to see the video. Most football fans don’t.