Secret Video Can't Be Used In Kraft Case: Appeals Court

FOXBOROUGH, MA — Florida prosecutors can't use video police secretly recorded of New England Patriots owner Robert Kraft and other men accused of paying for massage parlor sex acts following a ruling by an appeals court Wednesday.

"The type of law enforcement surveillance utilized in these cases is extreme. While there will be situations which may warrant the use of the techniques at issue, the strict Fourth Amendment safeguards developed over the past few decades must be observed," Florida's 4th District Court of Appeal said in its ruling. "To permit otherwise would yield unbridled discretion to agents of law enforcement and the government, the antithesis of the constitutional liberty of people to be secure against unreasonable searches and seizures."

Prosecutors are expected to file an appeal. If the ruling stands, the charges against Kraft and the other men will likely be dropped. Prosecutors may still be able to move forward with felony charges against the Orchids of Asia's spa owners and employees, based on other evidence.

Kraft, 79, of Chestnut Hill, and other men were charged in February 2019 following an investigation of Florida massage parlors that included the installation of video cameras in the spas' massage rooms. The recordings, according to police, show Kraft and the other men engaging in and paying for sex acts with women working at the spas.

Kraft, who was videotaped twice at Orchids of Asia in Jupiter, issued a public apology but has pleaded not guilty.

Dave Copeland writes for Patch and can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).