The fight over Robert Kraft’s solicitation charge and the video of the New England Patriots owner in the now-infamous Orchids of Asia Day Spa keeps getting uglier.
Palm Beach County prosecutors have filed a request for criminal contempt charges against two of Kraft’s lawyers over their courtroom conduct during a motion to suppress hearing on May 1, according to USA Today.
The hearing in question reportedly dealt with the video captured by police of Kraft and other patrons inside Orchids of Asia that has been described as “basically pornography.” Judge Leonard Hanser is expected to rule on the admissibility of the video as evidence soon.
Why are prosecutors crying foul at Robert Kraft’s lawyers?
The prosecutors’ complaint reportedly revolves around their claim that Kraft defense attorneys William Burck and Alex Spiro intentionally made a “false statement of fact” during an examination of police officer Scott Kimbark, who initially identified Kraft after he left the spa on Jan. 19.
Per the report, Kraft’s attorneys argued in court that police did not have probable cause to stop Kraft and questioned Kimbark if he had mentioned fabricating a story.
"Did you say, jokingly or not, that you would, 'make some [expletive] up?’" Spiro reportedly asked Kimbark.
Kimbark reportedly said he did “not remember specifically saying that.” Now, prosecutors are claiming that Kraft’s defense had no basis to ask that question:
Prosecutors wrote in the filing that “a review of the radio transmissions and the body worn camera video conclusively show that Officer Kimbark never made the inflammatory remark.”
“Both Attorneys Spiro and Burck represented to the Court that they had watched the body camera tape and heard this comment allegedly made during a previous stop,” the state attorney wrote in the filing. “Either the assertion that they had reviewed the tape was untrue, or their representation of what occurred during the tape was untrue.”
Burck reportedly told USA Today that the allegations were “ridiculous, false and laughable” and accused the prosecutors of an “amateur hour” attempt to intimidate their courtroom opponents. He also claimed to have evidence that Kimbark made the remark and would submit Wednesday with a full explanation.
This is another chapter in a highly publicized legal fight over the prostitution solicitation charges that Kraft faces as well as the release of the video. It could become even more combative when Kraft himself has his day in court on May 21 as ordered by Hanser.
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