Prosecution appeals suppression order in Kraft case

Mike Florio

With the bulk of the evidence against Patriots owner Robert Kraft ruled inadmissible in the solicitation of prostitution case against him, the prosecution is playing the only card currently in its hand: It’s appealing the ruling.

Via USA Today, an appeal of the order suppressing the contents of the “sneak and peek” video and the identification of Kraft obtained via a traffic stop was filed on Friday.

“[Prosecutor David] Aronberg is acknowledging he has no case without the illegal video recordings that four Florida judges have now found to be unconstitutional,” Kraft lawyer William Burck (pictured) said in a statement issued to USA Today. “No evidence means no trial. So the State had only two options — drop the case or appeal. They chose to appeal, but we are confident the appellate court will agree with Judge Hanser and the other judges who threw out their illegally obtained evidence.”

Multiple judges have ruled that the “sneak and peek” video surveillance violated the law by undertaking no effort to minimize the intrusion on the privacy of innocent persons who were simply getting massages. If the appellate courts don’t overturn these rulings, there will be little or no evidence against Kraft — unless prosecutors can persuade the alleged providers of prostitution to “flip” on their alleged customers.