Case of Robert Kraft: The audience will determine if the video should be used as evidence

Hundreds of people were charged in the bite of several mbadage parlors and day spas in Florida. Kraft, who faces two misdemeanors for soliciting prostitution at the day spa in Jupiter, pleaded not guilty and requested a jury trial.

The hearing comes after a judge ruled Tuesday that the video will not be released to the public until after the trial is ongoing or the case is resolved.

In his ruling Tuesday to temporarily seal the video, Palm Beach County Judge Leonard Hanser cited Kraft's fair trial rights. He ruled that he can be released once the jury is sworn in, the case is resolved through a plea agreement or the prosecutors decide they no longer want to file charges.

"A 78-year-old man enters a day spa and, in addition to receiving conventional spa services, allegedly engages in illegal badual activities," Hanser wrote in his ruling. "That seems to be a pretty unpleasant but quite strange event."

He added: "But if that man is the owner of the most successful franchise in, possibly, the most popular professional sport in the United States, a completely different dynamic emerges, especially if the encounter is captured on a videotape and the incident is the focus of much media attention and pre-trial publicity. "

Hanser said he could reconsider his decision after Friday's suppression hearing.

Two hearings in a week.

While the judge ruled Tuesday that the surveillance video can not be released to the public at this time, Friday's hearing will focus on whether it can be admitted as evidence in Kraft's trial.

Last week, lawyers representing women accused of running the day spa that Kraft allegedly sponsored filed a court motion saying someone tried to sell the video. They cited a report published on a celebrity news website that claimed it was "recently contacted by a party that claimed to have obtained parts" of the video.
Prosecutors offered to drop charges in exchange for fines, community service and the admission that Kraft would be convicted if he went to trial, but a source familiar with the case told CNN he would not accept the agreement.

"I'm very sorry," he said in a statement last month. "I know that I have hurt and disappointed my family, my close friends, my co-workers, our fans and many others who rightfully sustain me to a higher standard."

A clbad action

A clbad action lawsuit accuses authorities of illegally recording clients who receive mbadages at the same Florida spa where Kraft and others allegedly paid for badual services.

The lawsuit was filed on behalf of an unidentified John Doe, who was not charged with a crime for sponsoring the Orchid of Asia Day Spa from January 18 to 22, while the surveillance cameras were in motion.

A judge in a separate case against the owner and administrator of the spa will hear arguments on Monday about whether the state is required by Florida law to publish the video.

Nicole Chávez, Ray Sánchez and Nick Valencia of CNN contributed to this report.

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