Florida prosecutors want to temporarily stop their case against Robert Kraft, due to a judge's ruling last week that video evidence of the Patriots owner allegedly soliciting prostitution at the Orchids of Asia Day Spa cannot be used in a trial.
In the words of Kraft attorney Alex Spiro, who previously served on Aaron Hernandez's defense team, the prosecutors have appeared to "wave the white flag."
"They lost their evidence. They conceded they cannot move forward," Spiro told the New York Post.
As expected, prosecutors appealed Judge Leonard Hanser's decision last week. He ruled the video evidence was unusable, because police unlawfully watched customers, including female customers, who were receiving regular massages. Hanser says the surreptitious surveillance violated privacy rights.
The judge presiding over the case against the two operators of the Orchids of Asia Day Spa issued the same ruling about video evidence Monday, saying the videotaping violated Fourth Amendment rights.
Kraft was originally ordered to appear in a court room May 21 for a hearing, but now it looks like he may step foot inside his Gillette Stadium luxury box before appearing in front of a judge -- even if he's still subjected to NFL discipline.
- Alex Reimer