With no video evidence, legal analyst believes it’s looking good for Bob Kraft

It could be a major turning point for Bob Kraft’s prostitution case in Florida, as a judge issued a ten-page opinion Monday detailing why he threw out all video evidence against the Patriot’s owner.

According to the judge, it comes down to a violation of the fourth amendment; an invasion of privacy.

In the ruling, Judge Leonard Hanser said that despite the fact the alleged criminal activity occurred outside of a home, when a person goes for a massage there is a reasonable expectation of privacy.

Another issue, according to Judge Hanser, was the fact that there was video evidence taken by the police department that showed people getting legitimate massages, and doing nothing illegal that was relevant in the investigation.

Hanser cited five stipulations that must be met when video surveillance is occurring, according to past cases, and the police did not do enough to make sure they respected the privacy of those going in for a regular massage.

Michael Yelnosky is the dean of the law school at Roger Williams University who said that the judge’s argument is “sound,” and the evidence is there to show that there may have been an invasion of privacy, despite the fact that there may have been illegal activity going on inside the massage rooms.

“It’s not like just walking around in the hallway of a commercial building. There is something uniquely private about this particular non-home,” Yelnosky said. “Did not take steps to minimize the risk that they were going to be observing individuals who were not engaged in illegal activity.”

And because the video evidence in the case is thrown out, that means the subsequent traffic stop where Bob Kraft showed his ID to a Jupiter Police officer is thrown out.

It is likely the prosecution if it doesn’t appeal this ruling, will have to dismiss these charges,” Yelnosky said.

Jordan Wagner represents around a dozen clients in that same prostitution sting spanning three counties.

“Quite frankly, in my opinion, an easy decision for the judge to suppress the evidence,” Wagner told ABC 6 by phone.

Wagner said with the video evidence and traffic stops thrown out, the only way his clients could be placed at the spa, if they were there at all, is if a masseuse remembered them. Since the video in the case is thrown out, he believes it’s unlikely a worker could remember them without the help of the video.

Wagner got the same video evidence thrown out in neighboring Martin County last week.

“If it’s suppressed in one case it will be suppressed in all of them,” Wagner said.

From the beginning, when Wagner took a look at the warrants he knew something wasn’t right.

“It just seemed like an overstep. A little over-zealousness in putting in these secret video cameras to capture this activity,” he said.

Wagner said prosecutors have the chance to appeal the judge’s decision in Palm Beach County. Meanwhile, the state has already filed an appeal on suppressing the video evidence in Martin County.

When it comes to his clients in the case, Wagner said he will wait until the appeal process plays out, whether it goes before a circuit court judge or not, before he files a motion to dismiss.