Prosecutors file appeal after judge tosses video evidence in Robert Kraft case

Appeal: Court erred by suppressing surveillance video involving Patriots owner

By Peter Burke - Local10.com Managing Editor

WEST PALM BEACH, Fla. - Prosecutors have filed an appeal after a Palm Beach County judge tossed video evidence in the prostitution charges involving New England Patriots owner Robert Kraft.

Jeffrey Paul DeSousa, deputy solicitor general for Florida Attorney General Ashley Moody's office, filed the appeal Tuesday with the Fourth District Court of Appeal.

Palm Beach County Judge Joseph Marx ruled in May that Jupiter police did not do enough to avoid violating the Fourth Amendment rights of patrons at the Orchids of Asia Day Spa.

But DeSousa's appeal argues that the county court erroneously suppressed the video evidence of Kraft's alleged offenses and that police lawfully conducted surveillance at the spa over a five-day period.

"By subsequently invaliding both the warrant and the ensuing search, the county court erred," according to the appeal.

DeSousa goes on to argue that the remaining arguments in favor of suppression "likewise lack merit."

Kraft has pleaded not guilty to two misdemeanor counts of soliciting prostitution.

The alleged incident took place on the eve of New England's 37-31 overtime win against the Kansas City Chiefs in last season's AFC Championship game.

Jupiter Police Chief Daniel Kerr has said Kraft also visited the business the next morning.

Kraft purchased the Patriots in 1994. Under his ownership, the Patriots have won six Super Bowls, including this year's 13-3 victory against the Los Angeles Rams, and 10 AFC titles. They are currently one of three undefeated teams in the NFL.

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