Patriots owner Robert Kraft, 79, could be cleared of soliciting prostitution after a Florida court ruled secret videos taken inside the Asian massage parlor can't be used as evidence
Florida prosecutors said Monday that they won't appeal a court's decision blocking video that allegedly shows New England Patriots owner Robert Kraft paying for massage parlor sex, making it likely the charges against him will be dropped.
Last month, the Florida 4th District Court of Appeal found that police in Jupiter, Florida, violated the rights of Kraft and others when they secretly installed video cameras inside massage rooms at the Orchids of Asia Day Spa in early 2019.
The court then blocked use of the video footage at trial.
If the state challenged the decision to the Florida Supreme Court and lost, it could have 'broader, negative implications' on future law enforcement investigations beyond the Kraft case, the Florida Attorney General´s Office said.
Charges against Robert Kraft , owner of the New England Patriots, will likely be dropped in his solicitation of prostitution case
'Based on that analysis ... the decision was made not to seek further discretionary review,' attorney general spokeswoman Kylie Mason said in an email to The Associated Press.
'These attorneys determined that review was unlikely and raised concerns that a decision by the Florida Supreme Court against the State on these case facts could have broader, negative implications beyond the limited facts of this case, which could affect law enforcement efforts in the future.'
The state's decision means the charges against Kraft and about 20 other men will likely be dismissed.
The recordings, which have not been made public, are the only known potential evidence that the men paid for sex.
Robert Kraft allegedly visited Orchids of Asia Spa to receive sexual acts from the employees in 2019, with one instance allegedly happening just hours before the Super Bowl playoffs in 2019. Pictured: Kraft and his former girlfriend, Ricki Noel Lander, in 2019
Investigators launched an investigation in Jupiter, Florida, that found a number of men had allegedly visited Orchids of Asia spa for sexual acts
Felony charges against the Orchids of Asia spa owners and employees might proceed as there is other evidence against them, such as financial records.
Kraft's attorneys declined comment on the decision, but filed a motion Monday asking that the recordings be destroyed so they could never be released to the public.
They said Kraft might be willing to pay the state's costs if anyone challenges a destruction order.
'Only by ordering the State to destroy the Videos and to comply with interim measures securing them can the Court guard against the palpable risk of further leak or misuse and correspondingly vindicate the constitutional principles and rights that are at stake in this case,' Kraft attorney Frank Shepherd wrote.
An appeals court determined that Florida police violated the rights of Robert Kraft and other men when they set up cameras to secretly record inside Orchids of Asia
Pictured: a massage room found inside Orchids of Asia Day Spa & Massage where Florida authorities arrested employees last year
Kraft, 79, and the others were charged in February 2019 in a multicounty investigation of massage parlors that included the secret installation of video cameras in the spas´ lobbies and rooms.
Police say the recordings show Kraft and other men engaging in sex acts with women and paying them.
Kraft took two chauffeured trips to Orchids of Asia Day Spa on January 19 and 20, becoming one of 300 men who were charged in February.
On January 19, Kraft allegedly received hand stimulation from spa manager Lei Wang, 45, and a spa employee named Shen Mingbi, 58.
Kraft allegedly visited Lei Wang , the spa manager, on January 19 at the Orchids of Asia spa
Shen Migbi , a 58-year-old spa employee, may still face charges after allegedly being solicited by Robert Kraft, who could see the charges against him dropped
According to the affidavit, Kraft paid both women with a $100 bill. Neither Wang nor Mingbi are believed to be victims of human trafficking.
Wang was charged with maintaining an house of prostitution, but Mingbi was never charged.
The next day, Kraft allegedly received oral sex from Waag, also known as 'Lulu.' Kraft allegedly paid her with a $100 bill and another unidentified bill before leaving.
The spa's owner, 58-year-old Hua Zhang, was arrested and charged with 26 counts of procuring prostitution. Six other 'major players' were arrested as part of the prostitution and human trafficking ring.
Lanyun Ma, Liyan Zhang, Junhua Dong, Yan Xu, Kenneth Zullo, and Yaping Ren were charged with crimes such as prostitution, racketeering and deriving support from prostitution.
Hua Zhang was charged with 26 counts of procuring prostitution and Kenneth Zullo of Sebastian was charged with racketeering
Lanyun Ma , 49, of Orlando was charged with human trafficking, unlawful transportation for the purpose of prostitution, racketeering and engaging in prostitution. Junhua Dong , 50, of Vero Beach is charged with racketeering, engaging in prostitution, and deriving support from proceeds of prostitution
Yan Xu , 51, of Sebastian was charged with deriving support from proceeds of prostitution, engaging in prostitution and racketeering. Yaping Ren , 27, of Orlando was charged with engaging in prostitution, racketeering, and deriving support from prostitution
Kraft pleaded not guilty but issued a public apology for his actions.
A county court judge originally threw out the recordings, saying the warrant allowing the cameras' installation didn´t sufficiently protect the privacy of innocent customers who received legal massages.
The 4th District agreed, ruling that planting video cameras in private spaces is an 'extreme' measure that should only be used when absolutely necessary.
'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,' the court ruled.
State deputy solicitor general Jeffrey DeSousa argued that they needed the recordings to convict the Orchids of Asia owners of felonies, including possible human trafficking - though no one was charged with that crime.
The owners must be shown receiving payments from the prostitutes and the only way to get that is to install cameras, prosecutors said.
Florida prosecutors argued that the secret recordings were necessary because they needed proof that evidence that solicitation of sexual acts did occur
DeSousa said detectives had to fully record all massages, because the sex acts happened at their conclusion and 95 percent of male customers received one. While no female customers paid for sex, they were few in number and to not record them could be seen as discriminating against men, he said.
If convicted, Kraft would have likely received a fine, community service and other sanctions that did not include jail time.
The NFL has insisted that Kraft will not get any special treatment as it addresses his sex solicitation case.
'Our Personal Conduct Policy applies equally to everyone in the NFL. We will handle this allegation in the same way we would handle any issue under the Policy,' it said in a statement after Kraft was charged.
'We are seeking a full understanding of the facts, while ensuring that we do not interfere with an ongoing law enforcement investigation. We will take appropriate action as warranted based on the facts.'
New England Patriots owner Robert Kraft and Tom Brady #12 of the New England Patriots celebrate after defeating the Atlanta Falcons during Super Bowl 51 at NRG Stadium in February 2017
Commissioner Roger Goodell could fine or suspend Kraft from any activities involving this year's Super Bowl champions, and there will likely be a league inquiry.
The NFL's personal conduct policy states that 'ownership and club or league management have traditionally been held to a higher standard and will be subject to more significant discipline.
'It is not enough simply to avoid being found guilty of a crime. We are all held to a higher standard and must conduct ourselves in a way that is responsible, promotes the values of the NFL, and is lawful,' it states.
Kraft's wife Myra died from cancer in 2011 at age 68. The two were married in 1963 and had four children together.
In 2012, it was revealed that Kraft was dating actress and model Ricki Noel Lander, 39.
Lander did give birth to a child in 2017, and while there was speculation it was his, Kraft has denied being the father.
The two attended Super Bowl LIII together on February 3, 2019 in Atlanta, but various reports have described the pair's relationship as 'off and on.'
According to Forbes Magazine, Kraft is worth almost $7 billion. He employed several high-priced attorneys to defend him in the case. Even if the charges are dropped, Kraft could still face a suspension or other punishment from the National Football League.