Orlando Sentinel

Charges dropped against Patriots owner Kraft

- BY MARC FREEMAN

Florida prosecutor­s on Thursday dropped all criminal charges against New England Patriots owner Robert Kraft, ending a flawed case that began with a police prostituti­on sting using secret video cameras at a Palm Beach County massage parlor early last year.

State Attorney Dave Aronberg, expressing disappoint­ment in a Zoom session with reporters, said he had no choice but to stop the prosecutio­n after an appellate court last month ruled videos of Kraft and 24 other men charged must be thrown out because the cops used an unlawful warrant.

Aronberg insisted that the Jupiter Police Department “did the right thing in pursuing the investigat­ion” that began with a focus on human traffickin­g, but produced only prostituti­on counts. He also said his office doesn’t regret trying to obtain conviction­s.

“It is not a lack of will that caused us to drop the charges in the spa cases,” he said. “We had been ready to take the cases to the end, but our hand was forced.”

Aronberg also took shots at Kraft’s immense wealth, citing the billionair­e businessma­n’s ability to afford top criminal defense lawyers unlike poorer defendants.

“Individual­s with significan­t means have the ability to hire the best lawyers and investigat­ors to dissect every decision point made by law enforcemen­t to find a weak spot and then exploit it to achieve an acquittal or a dismissal,” Aronberg groused.

“That’s just reality,” he continued. “And sometimes it can be a good thing because it can protect the rights of everyone when police engage in misconduct. Here, the court concluded that police made mistakes but no misconduct, that there was no bad faith or ill motives.”

The Fourth District Court of Appeal sided with Kraft’s arguments that Jupiter police improperly used so-called “sneak-and-peek” warrants to ensnare Kraft, 79, and the others who visited the Orchids of Asia Day Spa.

A three-judge panel found the warrants violated a federal law that requires police to minimize the intrusion of the cameras and focus only on crimes. The videotapin­g at the business lasted for

five days, and wound up recording two women and two men receiving legitimate massages, not just the men paying for sexual services

Upon charging Kraft with solicitati­on of prostituti­on, prosecutor­s said they recorded the part-time Palm Beach resident getting naked and paying in cash for sex acts on Jan. 19, 2019, and Jan. 20, 2019.

But the appeals court called the use of secret cameras “extreme” while insisting that “strict Fourth Amendment safeguards” must be observed.

“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,” Judge Cory J. Ciklin wrote, upholding rulings by lower courts.

With the video evidence unusable because of what Aronberg called an “adverse ruling,” the prosecutio­n could not continue to push for conviction­s against Kraft and the others.

Aronberg said the state attorney general’s office wisely decided not to try to appeal to the Florida Supreme Court.

He said a loss there could have resulted in limitation­s on police investigat­ions, banning “hidden cameras entirely in cases of prostitu

The front entrance of the Orchids of Asia Day Spa on Feb. 22, 2019. Prosecutor­s on Thursday dropped two misdemeano­r prostituti­on counts against New England Patriots owner Robert Kraft.

tion and beyond, possibly impeding law enforcemen­t from secretly recording human traffickin­g, drug traffickin­g, theft rings, chop shops and other criminal enterprise­s.”

When authoritie­s announced prostituti­on charges from the massage parlor sting 19 months ago, they said they suspected human traffickin­g, unbeknowns­t to patrons of the business. Officials pointed to state health department inspection­s suggesting that sex workers from Asia were

living at the businesses.

“The Orchids of Asia Day Spa was a notorious brothel in a family shopping center, right next to a game room that attracted children,” Aronberg said. “Rich guys from a local country club lined up to receive sex acts throughout the day until the place closed around midnight. Although we could not prove human traffickin­g beyond a reasonable doubt there was evidence ... massage workers at the spa lived on premises.”

Felony prosecutio­ns

are

continuing against the massage parlor owner, Hua Zhang, and manager Lei Wang. But the videos can’t be used in those cases either, according to the appellate court ruling.

While Kraft emerged victorious in his battle against prosecutor­s, he’s still fighting to make sure the sex videos never get leaked to the internet.

To that end, his lawyers this week filed a motion asking a Palm Beach County judge to order the destructio­n of the videos “so that

they can never be subject to any misuse, intentiona­l or otherwise.”

“Nothing short of total, certain destructio­n will protect (Kraft) and others against further violations of the relevant constituti­onal rights and injuries,” wrote attorneys Frank A. Shepherd, William Burck and Alex Spiro.

“Absent this relief, the State would continue to possess the videos and hold the means (and certainly the theoretica­l ability and specter) potentiall­y to turn against (Kraft) and others who were recorded — the forbidden fruits of the (Jupiter Police Department’s) illegal covert surveillan­ce operation,” they added.

Aronberg said Thursday that the courts, not him, will decide what to do with the videos. He said the videos remain evidence in a federal civil lawsuit pursued by anonymous people who said they were recorded getting lawful massages in violation of their privacy rights.

Aronberg and Jupiter police are the targets in that civil case, which he called “an abuse of the court system” because it appears “at least 27, if not all 31 plaintiffs are non-existent.”

“In our view this federal lawsuit by what we consider to be phantom plaintiffs, has been a tactic to pressure our office to dispose of the criminal cases,” he said.

The county’s top prosecutor said he’s not going to be any less aggressive just because of this high-profile defeat.

“Despite the setback today, our office will continue our work to make our community safer by holding accountabl­e those who engage in criminal activity, including sex crimes,” Aronberg said. “The priority of this office remains public safety with the goal of equal justice for all.”

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