The lawyers of Robert Kraft are questioning the Florida police investigation that led to the Patriots owner being charged last month with two counts of soliciting prostitution at a day spa, calling it an “NSA-style surveillance campaign.”
According to The Palm Beach Post, Kraft’s attorneys filed a 92-page motion Tuesday alleging Jupiter, Fla., police obtained video evidence illegally by reporting a “phony ‘suspicious’ package,” which forced everyone out of the the Orchids of Asia Day Spa and allowed police to install hidden cameras.
The memorandum asks a judge to throw out any evidence obtained from the cameras, arguing the use of the cameras violated constitutional privacy protections and prohibitions against unreasonable searches. ESPN noted “police can only make secret recording when investigating certain serious felonies,” according to Florida law. Kraft’s charge of solicitation does not constitute as a felony.
“Law enforcement in this case had no authority whatsoever for something as drastic as ‘sneak and peek’ video surveillance, much less continuous, unbounded video surveillance of naked patrons in private licensed massage parlors,” the motion reads.
“The worst offenses that jump out from this record are not those committed by one or another masseuse or spa patron whose massage allegedly included consensual sexual acts. Far more worrisome than any alleged misdemeanor are the astonishing lengths to which law enforcement went in order to orchestrate a calculated, systemic campaign to blow past established constitutional limits.”
The motion comes just more than a week after Kraft waived his arraignment, pleaded not guilty to all charges and requested a jury trial. Kraft issued a statement last month, apologizing for disappointing his family, friends, co-workers and fans. He also said the last thing he “would ever want to do is disrespect another human being.”
Kraft, 77, was one of 25 men charged after an investigation by police into human trafficking in Palm Beach County. Charging affidavits claim investigators have video of a man identified as Kraft paying for and involved in sex acts during two visits to the Orchids of Asia Day Spa on consecutive days in January.
Kraft reportedly rejected a plea deal that would have seen him serve 100 hours of community service, pay $10,000 in fines and attend a class on the negative effects of prostitution in exchange for admitting he would be found guilty of the charges in court.