Robert Kraft tries (again) to keep surveillance video away from the public eye

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Now that a judge has ruled that the surveillance video containing images of Patriots owner Robert Kraft allegedly engaged in sexual activity cannot be used at the trial of his case, Kraft is doing exactly what we thought he would do.

Kraft now seeks an order permanently blocking the prosecution from giving the video to the various media companies that have been fighting to get access to it. The motion, filed after Monday’s ruling that prevents the video from being used at trial, seeks modification of the current order that delays the release of the video until: (1) his trial begins; (2) a plea agreement is reached; and (3) prosecutors dismiss the charges.

Deadspin.com has the motion, and Diana Moskovitz of Deadspin explains that the pending order allows the prosecutors to quickly drop the case and ensure that the video will be released, a move that would be entirely possible given the amount of rancor that has unfolded between the two sides in this prosecution. Kraft hopes to prevent this by arguing that the illegal nature of the surveillance operation supersedes the broad requirements of Florida law regarding the public nature of videos, documents, etc. generated by law enforcement in the exercise of its official duties.

It’s a compelling argument. Why should the public have access to materials generated in violation of applicable legal standards? Why should potentially vindictive prosecutors have a vehicle for sticking it to a defendant who successful enforces his rights in court, with the ultimate fallback when the defendant chooses to fight becoming the ability to drop the case and inject embarrassing evidence into the public eye?

While Monday’s ruling will be subject to appeal by the prosecution, if the video ultimately cannot be used at trial, the only fair outcome for Kraft and all other persons who appear on the “sneak and peek” videos generated over a five-day period in January would be to permanently prevent any of them from ever being made public, including videos that show people who were simply getting massages, and nothing more.

39 responses to “Robert Kraft tries (again) to keep surveillance video away from the public eye

  1. Absolutely atrocious that any recording obtained by law enforcement could ever see the light of day outside of a courtroom. Even more atrocious that you can use a suspect’s celebrity against him. I mean, the other guys on tape, are we worried about their videos being released? So you went out of bounds to make a case, when most of these people are working shmoes who can’t afford good, or any, representation, but the one celebrity you pinched, you’re basically extorting him. Like the mood seems to have been “stop fighting the case or else we can’t guarantee that the public won’t see the video” all along.That’s RIDICULOUS, period.

  2. terripet says:
    May 15, 2019 at 10:39 am
    All this money he is paying his lawyers what a waste. TMZ will have it soon
    =====================================================================
    No they won’t. Harvey Levin is too smart and will not leave his empire subject to a lawsuit by Robert Kraft.

  3. Nobody needs to see this video, it’s that simple. He did it. Everyones knows he did. He needs to be punished by the NFL but nobody needs to see the video for it to happen. There is plenty of other scandals in the world to get in a tizzy about. Let the old man have some dignity.

    -Chiefs fan

  4. pastabelly says:
    May 15, 2019 at 10:42 am
    terripet says:
    May 15, 2019 at 10:39 am
    All this money he is paying his lawyers what a waste. TMZ will have it soon
    =====================================================================
    No they won’t. Harvey Levin is too smart and will not leave his empire subject to a lawsuit by Robert Kraft.

    No offense but if you seriously think this a legal question…it isn’t. 1) it will get out. It always does. 2) The damage is already done. Outside of NE people are not afraid of Robert Kraft. And the $$s he would generate from publicizing it would far outweigh what a jury might – please note the word “might” – grant. This is a play people make in business all the time. It will come out.

  5. shadywarrior says:
    May 15, 2019 at 10:40 am
    Absolutely atrocious that any recording obtained by law enforcement could ever see the light of day outside of a courtroom.
    ———————————–

    States have different laws and rights. When it comes to Florida and what is considered Public Record, watch the hell out! Almost everything done with taxpayer money is available to the Public.

  6. They can’t prove anything & he was just a john. The prosecution has no case. This will be thrown out at some level. It should have never been pushed through. Too many questions & too much reasonable doubt. The prosecutor should be ashamed. Kraft is guilty as heck though. Fo Sho.

  7. Sorry but don’t need and don’t want to see the video even if it was released.

  8. I find it hypocritical that the owner of an organization in which a key portion of its early success based on the illegal use of video tape would now be so particular about the legal use of video.

  9. If someone was in that place to actually get a massage, doing no wrong, and police video of them undressing that was acquired illegally is released to the public, then it’s a real shame.

  10. I’m very surprised Goodell hasn’t gotten his hands on it and destroyed it just like the old days.

  11. I don’t care what he did or how much money he has…..he still maintains a reasonable right to privacy. The tape should never be released.

  12. The city of Jupiter should be trying to expunge the videos altogether. Kraft may be able to sue if the videos get out (the New York Times case would probably be inapplicable as he would probably be able to prove actual malice in any leak of the clearly illegally obtained videos). The Florida Attorney General needs to investigate and prosecute the police while the Internal Affairs bureau of the Jupiter police should be moving against those law enforcement officials involved (including the smirking Sherriff and his cohorts). The Florida Bar Association should also investigate the District Attorneys involved; if they approved the practice of law enforcement lies, terrorist threats and exceeding warrants the city lawyers need to be heavily sanctioned. Isn’t it time that the Florida public officials charged with protecting the public finally did their jobs?

  13. “Guilty”

    Yup of 2 misdemeanors. Know what else are misdemeanors? Things like speeding. Have you ever gone over the speed limit in your life? If so, you are also “guilty” or a similar level of crime. What Kraft did was seedier for sure, but that’s the level of crime committed.

    You’d be hard pressed to find any adult in the USA who hasn’t committed misdemeanors in their life.

  14. I don’t know who would want to see it anyway, though I’m sure there are a few out there. Different strokes for different folks, I guess. He did the crime, now he’s trying to stuff his fingers in the eye of the judicial system.

  15. I’m tired of these so called prosecutors and police looking at ways to get at high target people for their political gain. Like the AG in Balt a few years ago doing the major tv interview on how she was going after the cops on the loss of life for some scumbag.
    She lost all 7 of the cases and destroyed her career mobility.
    They ran the tape video for several months and did not stop one person during that time until Kraft wandered in. That is BS.

  16. Interesting game here. Cops and prosecutors are hanging the video over Kraft like the sword of Damocles. (shut up and settle, or we release the video).

    Kraft’s team is moving to have the video suppressed. And if a judge agrees that it was illegally obtained, Kraft’s attorneys will want it destroyed.

    That creates a problem for the cops and prosecutors. If there is an order to destroy/suppress, and a copy goes out later, that means there was a violation of rules of evidence.

    If Kraft prevails, the sword then hangs over the cops and prosecutor; any release of the original (or copy) of the video proves that they were as sloppy with custody of evidence as they were with the law when they recorded the video.

    Kraft is not on any moral high ground here. But his feet are drier than the folks who recorded and hold the video.

  17. Doesn’t matter if we ever see it or he is charged…. Kraft will forever be known as Florida Man

  18. defscottyb says:
    May 15, 2019 at 11:35 am
    Damage has already been done he’ll forever be labeled a creep.

    ————–

    ha… no. It will be forgotten completely.

  19. Same Colts and Dolphins fans posting nonsense about the Patriots. You would think it would get old. Two teams that have been embarrassed by the Patriots for two decades. So green with envy of a team that wins and its wealthy owner that they are hoping a video of a private interaction gets posted publicly so Kraft will be embarrassed. That’s just sad.

  20. “Kraft will forever be known as Florida Man”

    Kraft will be remembered as one of the most successful owners in NFL history. An actual fan who bought the team he loved, even when it was losing, and made it into the preeminent franchise in the NFL.

  21. This tape should never see the light of day given the recent court ruling. However, Kraft could have avoided this whole fiasco by not getting a massage in a sleazy strip mall massage parlor. I have no moral issue with what he did, but I also have no sympathy for his self-inflicted plight.

  22. tigerlilac says:
    May 15, 2019 at 12:19 pm
    Same Colts and Dolphins fans posting nonsense about the Patriots. You would think it would get old. Two teams that have been embarrassed by the Patriots for two decades. So green with envy of a team that wins and its wealthy owner that they are hoping a video of a private interaction gets posted publicly so Kraft will be embarrassed. That’s just sad
    ++++++++++++++
    Who won last time patriots and phins played? what about the last 2 out of 3?

  23. Wait, so the Judge is saying the tapes won’t be seen even by the jury if the case goes to trial? well who needs a little thing like evidence when you’re a 1%er who participated in human trafficking and can buy their way out of the situation

  24. “I find it hypocritical that the owner of an organization in which a key portion of its early success based on the illegal use of video tape”

    Except the video taping was not illegal. The only thing that was illegal was the camera position in the first game of the 2007 season after the league changed the rules so the cam could only be in “an approved area”.

    Most teams were also shooting the same type of video at the time, and certainly do so now. It just can’t be from the sidelines as of the league memo issued in the off season between the 2006 and 2007 seasons.

  25. “who needs a little thing like evidence when you’re a 1%er who participated in human trafficking and can buy their way out of the situation”

    Who needs actual facts when you can lie about someone you don’t like?

    The entire human trafficking component was a lie by the police, as has since been publicly shown, and even had their been trafficking it would have been by the spa owners not Kraft.

  26. People should get beyond the sordid side of this story and start worrying about government overstepping its bounds and trampling on the privacy rights of the other innocent people that are also on tape in various states of undress.

  27. In an ironic turn of events, the police and prosecutors who watched live video and/or recordings of innocent people undressing should be charged with violating Peeping Tom laws.

  28. Patriots played in the last three super bowls, winning two.

    The Dolphins blow up their team and hire former Patriots to be GM and Head Coach.

    Dolphins fan slams Pats and talks trash about the Dolphins winning a regular season game.

    That explains that the term fan is short for fanatic.

  29. Patriots’ fans will defend anything, no matter how absurd or immoral. No surprise, they’ve been arguing their way out of every cheating scandal ever since the Patriots started “winning” Superbowls.

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