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Kraft attorneys condemn 'police state' in motion to suppress video

ORCHARD PARK, NY - OCTOBER 29: Owner Robert Kraft of the New England Patriots walks on the field before the game against the Buffalo Bills at New Era Field on October 29, 2018 in Orchard Park, New York. (Photo by Brett Carlsen/Getty Images)

PALM BEACH, Fla. — Video showing Robert Kraft inside the Florida spa where he is accused of soliciting sex acts for money was obtained illegally and should not be released to the public or admitted in the case against him, according to his attorneys.

In a document filed in Palm Beach County court Thursday, attorneys for the New England Patriots owner contend the Jupiter Police Department did not have a reason to conduct video surveillance inside private rooms of the spa.

Attorney Jake Goldberger, on behalf of Atterbury, Goldberger and Weiss, contends police did not conduct any of the "normal investigative procedures" necessary to move on to conducting what he calls "drastic, invasive, indiscriminate spying."

The motion to suppress would keep evidence -- including video recordings of Kraft in the spa -- from being admitted into the case against him and would be withheld from the public.

MORE: Patriots owner Robert Kraft issues first statement since solicitation charges

"Because we do not live in a police state and our government answers to the rule of law, suppression of illegally obtained evidence is the correct and essential remedy," the document states.

His attorneys say the case is unfounded and the methods of investigation were blown way out of proportion to the charges, which were misdemeanors.

"Law enforcement has been trading off innuendo about 'human trafficking'...those 'facts' were false and any suggestion of human trafficking being suspected was unfounded and irresponsible."

Kraft has pleaded not guilty to charges of soliciting prostitution and waived his arraignment. He has requested a jury trial on charges that he twice paid for sex acts at a Florida day spa near his home in Palm Beach.

That request was made in a document e-filed Tuesday by his attorneys.

The 77-year-old Kraft was among more than 100 people linked last month to several central Florida day spas and massage parlors suspected of being used for prostitution and targeted by law enforcement during a monthslong investigation.

Police said Kraft twice visited the Orchids of Asia Day Spa. Video footage allegedly shows him receiving paid sex acts in a room at the spa and surveillance video shows him being driven to the spa, police Chief Daniel Kerr said last month.

The charges are second-degree misdemeanors and generally carry no more than a 60-day sentence in county jail, according to Edmondson.

Kraft was to be arraigned on March 28, but that hearing has been cancelled.

MORE: Robert Kraft charged with soliciting prostitution in Florida human trafficking bust