Sex videos can't be used in Robert Kraft case, judge rules

New England Patriots owner Robert Kraft walks on the field before the AFC Championship NFL football game between the Kansas City Chiefs and the New England Patriots Sunday Jan. 20 2019 in Kansas City Mo

Kraft, owner of the New England Patriots since 1994, pleaded not guilty to the misdemeanor criminal counts against him. "Without those videos out of the mix, Kraft's attorney could file a motion to dismiss the charges based on lack of evidence, according to ESPN's Jeff Quinn".

Kraft's lawyers challenged the validity of the search warrant that let authorities install hidden cameras inside the spa, and argued that the warrant violated Kraft's Fourth Amendment rights and Florida law. And Judge Leonard Hanser, of the 15th Judicial Circuit in Palm Beach County, agreed on the privacy issue.

Investigators said Kraft returned 17 hours later and was again videotaped engaging in sex acts with a woman before paying with a $100 bill and another bill, police said.

Hanser also suppressed evidence from a police stop of Kraft's chauffeured vehicle on January 19, after he left the massage parlor.

"The court finds that the search warrant does not contain required minimization guidelines and that minimization techniques employed in this case did not satisfy constitutional requirements", Hasner wrote. "Consequently. all evidence against the Defendant obtained through and connection with the search warrant is suppressed".

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Of the two times Kraft was said to have visited the spa was the same day as the AFC Championship between the New England Patriots and Kansas City Chiefs.

"I am truly sorry", Kraft said in a written statement in March.

It remains to be seen whether Kraft receives any punishment from the National Football League, which could conduct an investigation and make a determination independent of how the court proceedings play out. They argued video, which is not specifically covered under Florida law, should have a higher threshold.

Hanser had already ruled that the Kraft videos can not be released publicly until his trial is underway or the case is settled or dismissed.

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