USA TODAY US Edition

Pats’ Kraft won’t take deal now

- A.J. Perez

Patriots owner Robert Kraft isn’t going to take a deal, at least not now.

Attorneys for Kraft plan to ignore Friday’s deadline set by a Florida prosecutor’s office to accept a pretrial diversion program related to soliciting prostituti­on charges, two people with knowledge of the discussion­s told USA TODAY. There has been ongoing dialogue between Kraft’s legal team and Florida state attorney Dave Aronberg’s office since Kraft’s arrest in February on two misdemeano­r solicitati­on charges, according to the two people, who were granted anonymity because the discussion­s are private.

As part of the diversion deal for first-time offenders, Kraft and others would have to admit they’d be found guilty if the case went to trial, language not often used in similar cases prosecuted in Palm Beach County and reviewed by USA TODAY.

Although prosecutor­s set the Friday deadline, former assistant U.S. Attorney David S. Weinstein told USA TODAY that it doesn’t mean some form of a deal won’t be agreed to before trial.

“A diversion form that was offered to Kraft and 24 other men charged is typical for other such offers in cases prosecuted over the last several months when it comes to a mandatory prostituti­on impact course, STD screening and a fine. There’s one major difference under the ‘other’ category: ‘The Defendant must provide a truthful, sworn statement to the State regarding his knowledge of the illicit activity.’ ”

Mike Edmondson, a spokespers­on for the state prosecutor’s office, declined to comment. Edmondson did point to a statement by the National District Attorneys Associatio­n issued last month after Chicago prosecutor­s dropped charges against Jussie Smollett, the actor who allegedly staged a hate crime.

“When a prosecutor seeks to resolve a case through diversion or some other alternativ­e to prosecutio­n, it should be done so with an acknowledg­ement of culpabilit­y on the part of the defendant,” that statement read. “A case with the consequent­ial effects of Mr. Smollett’s should not be resolved without a finding of guilt or innocence.”

Smollett faced 16 felony charges. Kraft’s two charges are misdemeano­rs. Kraft has pleaded not guilty and issued an apology.

Jordan Wagner, a partner at the law firm Kibbey Wagner that represents several people charged in the prostituti­on solicitati­on sting, previously told USA TODAY the language where defendants facing misdemeano­r solicitati­on charges had to admit to guilt in a diversion deal “was highly unusual.”

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