Kraft deal unlike one offered in 2014 sting
A 2014 investigation into a Florida massage parlor mirrored many of the elements of the operation that led to charges against Patriots owner Robert Kraft and 24 other men this year. But it had one major difference.
A “sneak-and-peek” warrant was approved by a Palm Beach County judge, video surveillance was acquired and a dozen men were charged with soliciting prostitution. The same prosecutor, Dave Aronberg, offered a pretrial diversion agreement that had better terms.
USA TODAY reviewed the diversion forms of some of the men, including a police officer, arrested as part of the
Boca Raton sting five years ago. None of those cases had language in their agreement terms that amounts to a guilty plea offered in the current crop of cases, which states a “defendant must provide a truthful, sworn statement to the State regarding his knowledge of the illicit activity.”
Michael Edmondson, a spokesperson for the Palm Beach County State Attorney’s office, declined to comment on why the language changed in the diversion agreements from the 2014 prostitution sting.
“As to your review of language I’d caution about being spoon-fed by a defense attorney,” Edmondson said in an email.
USA TODAY found court records for six of the 12 men charged in the 2014 raid and obtained four diversion agreements, including the deal with former Coconut Creek police officer James Yacobellis. Those diversion deals mandated community service, the completion of the Prostitution Impact Prevention Education (PIPE) program, STD testing and cooperating with prosecutors that would lead the charges to be dropped, but there was no wording akin to an admission of guilt.
Kraft pleaded not guilty to two misdemeanor solicitation charges and asked for a jury trial. Kraft let last week’s deadline to take the diversion deal pass, though prosecutors and Kraft’s legal team could come to an agreement to avoid a trial in the coming weeks.
The next hearing in his case is scheduled for Friday.
Three men who visited the Orchids of Asia Day Spa in Jupiter, the same one Kraft allegedly visited twice in January, have taken the same deal offered to all 25 men charged by Aronberg’s office as of Tuesday, according to court records.
Florida law did change between the
2014 sting and the latest prostitution investigation that led to the arrests of nearly 300 people in Palm Beach, Martin and Indian River counties. Last year, the state’s prostitution statute was amended to include a $5,000 civil penalty for those found guilty or those who accept terms of a diversion agreement.
“That’s the language many of those arrested have the biggest issues with, the $5,000 fine,” said Robert Norvell, who represented one of the men who took the diversion deal.
“Some of those charged could find that amount of money in their couch cushions. For my client and some of the others, $5,000 is a big deal. That’s a lot of money to pop out over a bad decision.”
Steven Gomberg, who represented another man who took the diversion deal, told USA TODAY that the law didn’t result in changes to the language needed for diversion deals. Instead, Gomberg attributed it to the high-profile nature of the sting that was initially linked to human trafficking.
“I think it’s outrageous,” Gomberg said. “I think the next thing we will see is Mr. Aronberg calling a press conference to announce he found five kids smoking weed at the park and he’s linked them to a drug cartel.”
Added Norvell: “Ten years ago, you’d say the kid was a gang member. Now, human trafficking is the hot button issue.”
Attorney Richard Kibbey, who represents one of the men who has not taken the deal, said the fact that Kraft was among the men charged could be a factor in why this diversion agreement doesn’t look like prior offers from Aronberg’s office.
“They’re not giving (the men charged) the opportunity to save face,” Kibbey said. “A lot of the men could feel that they’re innocent but would be inclined to take the deferred prosecution agreement to get the case over with. That door is closed to them. It’s basically kicking a man when he’s down.”