A Florida judge spiked the release of Robert Kraft’s alleged rub-and-tug videos on Tuesday, but promised to make the footage public once a jury is sworn or the Patriots owner’s case is resolved.
Kraft, 77, is charged with two misdemeanor counts of soliciting prostitution at a day spa in Jupiter, Fla., back in January. He was allegedly caught on camera receiving the sexual services.
In his ruling, Palm Beach County Judge Leonard Hanser said he was temporarily sealing the footage in an attempt “to avoid tainting the jury pool.” He believed its release could harm Kraft’s chances at having a fair trial, but wouldn’t violate his right to privacy.
A suppression hearing scheduled for Friday, however, could sway Hanser to change his mind.
“The court finds that preventing access at this time to the videotapes sought by (the media organizations) is necessary to prevent a serious and imminent threat to the administration of justice,” Hanser said.
He noted how Kraft’s status as a billionaire and NFL owner played into his ruling.
“A seventy-eight-year-old man walks into a day spa and, in addition to receiving conventional spa services, he allegedly engages in illegal sexual activity. That seems like a rather tawdry but fairly unremarkable event,” Hanser said. “But if that man is the owner of the most successful franchise in, arguably the most popular professional sport in the United States, an entirely different dynamic arises, especially if the encounter is captured on videotape, and the incident is the focus of much media attention and pretrial publicity.”
Hanser added, “At the risk of hyperbole, while the underlying charge in this case may be only a misdemeanor, it places sharp contest issues fundamental to society, ie. the right of the public to be fully informed about the operations of its government, through the media’s First Amendment rights, and the right of a defendant to a fair trial.”
Kraft’s attorneys have argued that the alleged videos of Kraft are “basically pornography” and shouldn’t’ be made public.
Hanser had previously told the court that he didn’t want the footage to be viewed until after he’s ruled, but said Tuesday that he would allow its release once a jury is selected or the case is resolved through a plea agreement or the state dropping the charges.
If Kraft’s legal team is successful at Friday’s suppression hearing and can get Hanser to reconsider, then the footage may never see the light of day. However, if they lose, then it will likely be released. Kraft has pleaded not guilty to his charges.
With Post wires