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Kraft video remains private

FORT LAUDERDALE, Fla. — Prosecutors can’t release undercover video of New England Patriots owner Robert Kraft and others allegedly receiving sex acts at a Florida massage parlor until a Florida judge rules later this month.

Circuit Judge Joseph Marx on Wednesday barred the release of any video from the Orchids of Asia Day Spa before an April 29 hearing where he will hear from all parties, the Palm Beach Post reported.

Palm Beach County prosecutors had filed a notice in a related case saying they believe the videos are public records under Florida law and plan to release pixilated versions — a move Kraft’s attorneys quickly moved to block, accusing prosecutors of apparent “gross prosecutorial misconduct.”

Kraft was charged in February with two misdemeanor counts of soliciting prostitution for allegedly paying for sex at the Orchids of Asia Day Spa in Jupiter, Florida. He has pleaded not guilty. Twenty-four other alleged Orchids of Asia customers were similarly charged.

Palm Beach State Attorney David Aronberg wrote to the court in the related case that there is no legal basis to block the videos’ release. The Associated Press and numerous other media outlets have requested the videos.

“Absent a Court order, the State will be releasing the requested public records” after they are pixilated, Aronberg wrote. His spokesman, Mike Edmondson, said the release is not imminent as the office is processing numerous public records requests from the case.

Defense attorney Jack Goldberger quickly sent a letter to the judge overseeing Kraft’s case, writing that prosecutors are trying to “evade judicial review and end run” around a promise he says they made to await a court ruling on whether the videos are a public record.

“The State’s bad faith attempt to circumvent judicial review by simply releasing the Videos” before the judge rules “is an affront to justice and grossly unethical,” Goldberger wrote.

David S. Weinstein, a defense attorney and former prosecutor who is not involved in the case, said “there is still no guarantee that the tapes will be released.” Prosecutors “are simply stating that they are complying with their duties under the public records laws and they won’t be withholding the tapes,” he said. Even if the trial judge orders the videos’ release, Kraft’s attorneys could appeal, he said.

Kraft, 77, is accused of paying for sex acts at the spa twice in January. While fighting the charges, he recently issued an apology.

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