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New England Patriots owner Robert Kraft in Miami Gardens in September 2019. Photo: Palm Beach Post via TNS

New England Patriots owner Robert Kraft cleared of ‘Orchids of Asia’ massage parlour sex charge

  • Prosecutors drop charge after courts blocked use of video footage from cameras secretly installed by police
  • Owner and manager of Orchids of Asia Day Spa still face numerous felony charges related to running a house of prostitution

Florida prosecutors dropped a misdemeanour charge against New England Patriots owner Robert Kraft on Thursday after courts blocked their use of video that allegedly shows him paying for massage parlour sex.

Palm Beach County court records show that the charge was dropped on Thursday. Palm Beach State Attorney Dave Aronberg will explain the decision during an online press conference later in the day.

Court records show that the owner and manager of the Orchids of Asia Day Spa are still facing numerous felony charges related to running a house of prostitution.

The Florida 4th District Court of Appeal found last month that Jupiter police violated the rights of Kraft and the other customers when they secretly installed video cameras inside massage rooms at the spa in early 2019. The court then blocked use of the video footage at trial.

A football fan stops to look at the Orchids of Asia Day Spa in Florida where New England Patriots owner Robert Kraft was charged with allegedly soliciting for sex. Photo: AFP

The recordings, which have not been made public, are the only known evidence the men paid for sex. Of the other 21 men charged, 14 cases were dropped Thursday and three were dropped earlier, court records show. Two men went through a diversion programme, paying more than US$5,000 in costs. One pleaded guilty last year and paid US$323 in court costs.

Prosecutors decided this week not to appeal the 4th District decision to the Florida Supreme Court, saying a loss there could have “broader, negative implications” on future law enforcement investigations beyond the Kraft case.

Kraft’s lawyers have already filed a motion asking that the recordings be destroyed so they could never be released to the public. They said Kraft might be willing to pay the state’s costs if anyone challenges a destruction order.

In Florida sex spas, ‘Chinese human traffickers’ operated in plain sight

Kraft, 79, could still face suspension or other punishment from the National Football League. The league did not immediately respond to a request seeking comment. The Patriots declined to comment.

Kraft and the others were charged in February 2019 in a multi-county investigation of massage parlours that included the secret installation of video cameras in the spas’ lobbies and rooms. Police say the recordings show Kraft and other men engaging in sex acts with women and paying them.

Police say they recorded Kraft, a widower, paying for sex acts at the Orchids of Asia spa on consecutive days in January 2019. Kraft pleaded not guilty but issued a public apology for his actions.

A camera man films the Orchids of Asia Day Spa after New England Patriots owner Robert Kraft was charged with allegedly soliciting for sex in February 2019. Photo: AFP

A county court judge originally threw out the recordings, saying the warrant allowing the cameras’ installation did not sufficiently protect the privacy of innocent customers who received legal massages.

The 4th District agreed, ruling that planting video cameras in private spaces is an “extreme” measure that should be used only when absolutely necessary.

“To permit otherwise would yield unbridled discretion to agents of law enforcement and the government, the antithesis of the constitutional liberty of people to be secure against unreasonable searches and seizures,” the court ruled.

Prosecutors argued that they needed the recordings to convict the Orchids of Asia owners of felonies, including possible human trafficking – though no one was charged with that crime. The owners must be shown receiving payments from the prostitutes and the only way to get that is to install cameras, prosecutors said.

If convicted, Kraft would likely have received a fine, community service and other sanctions that did not include jail time.

According to Forbes Magazine, Kraft is worth almost US$7 billion. He employed several high-priced lawyers to defend him in the case.

This article appeared in the South China Morning Post print edition as: Prosecutors drop charges of solicitation against NFL team owner Robert Kraft
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