Judge suppresses video in Kraft solicitation case

WEST PALM BEACH, Fla. -- Prosecutors cannot use secretly recorded video allegedly showing New England Patriots owner Robert Kraft engaging in massage parlor sex, a judge ruled Monday, striking a serious blow to the case charging him with soliciting prostitutes.

In his 10-page ruling, Judge Leonard Hanser wrote that Jupiter police detectives and the judge who issued the search warrant allowing the secret installation of cameras at the Orchids of Asia Day Spa in Jupiter did not do enough to minimize the invasion of privacy of other customers, some of whom received only legal massages.

A status hearing has been set for Friday to consider a motion by Kraft's attorneys to dismiss the case based on lack of evidence. Kraft will not be there. Prosecutors have the options of appealing the decision, dismissing the charges or going ahead to trial without the only evidence they've presented.

Kraft, 77, pleaded not guilty, 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 that he was caught on video receiving such services.

During a hearing to consider the motion to suppress two weeks ago, defense attorneys hit hard on the idea that Jupiter police had not minimized the amount of surveillance they conducted with the video cameras, as required by law. That meant that people who were not violating the law were also caught on camera while disrobed. The lead detective on the case, Andrew Sharp, testified that he told officers to avoid looking at video when it was clear the client was not receiving sexual services. But he also testified that they never stopped recording, and other detectives said during cross-examination that they were never given instructions on how to minimize their surveillance.