- Prosecutors can not use secretly recorded video allegedly showing New England Patriots owner Robert Kraft engaging in massage parlor sex, a judge ruled Monday, striking a serious blow to their case charging him with soliciting prostitutes.
Kraft's attorneys are reportedly now expected to file a motion to dismiss the case, possibly as soon as Tuesday.
Judge Hanser agreed in his ruling, writing, "The Court finds that the search warrant does not contain required minimization guidelines, and the minimization techniques employed in this case did not satisfy constitutional requirements. all evidence against the Defendant obtained through and connection with the search warrant is suppressed".
Hanser wrote in his ruling that police illegally obtained the video and didn't do enough to protect the privacy of customers who weren't suspected of soliciting prostitution, according to The Associated Press.
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Hanser added that the police stop of Kraft's vehicle on January 19 was an unlawful search, and as such, all information obtained from that search is also suppressed.
Also last month, Hanser temporarily blocked prosecutors from releasing the video footage to media outlets, which had requested copies under the state's open records law. They argued video, which is not specifically covered under Florida law, should have a higher threshold. He has issued a public apology for his actions.
Kraft's attorneys declined comment. Prosecutors have since acknowledged the investigation yielded no evidence of trafficking.