Legal analyst and Sports Illustrated writer Michael McCann detailed the wide-ranging strategies which Robert Kraft's legal team are using to fight his criminal charges.
McCann's analysis looks at several aspects of Kraft's legal proceedings, including the fight over suppressing the possible release of surveillance video showing Kraft receiving illicit acts at the spa, the Constitutionality of the investigation, Kraft's standing and reputation, and possible NFL punishment.
With respect to the video, McCann highlights the issue created by the fact the warrant authorities received to place cameras in the spa allowed for monitoring, while the police request asked for the authority to monitor and record.
Further, McCann points out the fact that legal problems related to the issue of the video may "infect" the investigation, and that "the case against Kraft would collapse in the absence of admissible evidence."
McCann says that prosecutors would respond by "attempt[ing] to rebut Kraft’s claims as untrue, exaggerative or lacking context."
He also says that prosecutors could point out that "officers conducted various types of pre-recording human surveillance of the men who had entered the targeted spas, and observed the men engaging in multiple types of 'suspicious behavior.'"
McCann says that officers “'observed only white males that were middle to elderly in age' enter the establishment. Many of these purported 'customers' were observed 'looking around the parking lot to see if anyone was watching them while walking up to the spa.”'
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With respect to the media seeking to prevent the video evidence from being sealed, outlets such as the Associated Press, ESPN and The New York Times will argue that "they and the public have a Constitutional right to monitor legal proceedings of men connected to the spas."
Kraft's legal team, according to McCann, is arguing that "the press, 'which seeks to intervene in this action for the sole purpose of obtaining access to the illegally obtained video evidence, has no legitimate right to possess such material.'”
With respect to potential NFL punishment, McCann says, "contingent on the outcome of legal proceeding...requiring that Kraft donate millions may be the best option for the NFL."
Regardless of what happens, Kraft's decision to continue to fight his legal charge will no doubt continue to attract attention.
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