Sports: Prosecutors accuse Kraft's lawyers of lying in court - - PressFrom - Canada
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SportsProsecutors accuse Kraft's lawyers of lying in court

15:06  08 may  2019
15:06  08 may  2019 Source:   msn.com

Judge throws out spa video as evidence in Kraft case

Judge throws out spa video as evidence in Kraft case A Florida judge granted a motion by Robert Kraft's defense team to suppress the use of video evidence in the solicitation of prostitution case against the New England Patriots owner, according to Terry Spencer of the Associated Press. The judge ruled Monday that prosecutors cannot use video footage from the Orchids of Asia Spa because it was obtained illegally, ESPN's Adam Schefter added. Authorities allege that the spa was tied to a human trafficking ring, necessitating the installation of surveillance cameras. Judge Leonard Hanser said detectives did not do enough to protect the privacy of customers who didn't commit any crimes, according to Spencer.

Prosecutors accuse Kraft's lawyers of lying in court© Provided by Canadian Press Enterprises Inc

FORT LAUDERDALE, Fla. — Two of Patriots owner Robert Kraft's high-profile defence attorneys lied during his misdemeanour solicitation of prostitution case and falsely alleged a police officer admitted to fabricating a traffic violation to stop another massage parlour customer, prosecutors asserted Tuesday.

The Palm Beach County State Attorney's Office filed a motion asking Judge Leonard Hanser to hold attorneys Alex Spiro and William Burck in contempt and throw out their questioning of Jupiter police officer Scott Kimbark. While questioning Kimbark at a court hearing last week, Spiro accused him of telling other officers he would make up a reason to stop the customer who left the Orchids of Asia Day Spa directly before Kraft in January, using an obscenity to describe what he would do.

Inspector in Kraft case says she saw evidence of trafficking

Inspector in Kraft case says she saw evidence of trafficking Inspector in Kraft case says she saw evidence of trafficking

Prosecutors accuse Kraft's lawyers of lying in court© Provided by Canadian Press Enterprises Inc

Prosecutors say Kimbark never did that.

"There are no rationalizations, justifications, or excuses for Spiro's and Burck's knowing presentation of false and misleading accusations directly affecting the credibility" of Kimbark, prosecutors Judith Arco, Greg Kridos and Craig Williams wrote.

Burck told The Associated Press by phone that he and Spiro "will not be intimidated." He said they will provide evidence supporting their claims. Burck represented former White House Counsel Don McGahn during special counsel Robert Mueller's investigation. Spiro also represents Jay-Z, Mick Jagger and other celebrities in various matters.

"They have made a series of false accusations against us," Burck said. "This is all an obvious and desperate attempt to deflect attention away from the illegal and unconstitutional actions of the Jupiter Police Department and the state lawyers."

Attorneys for Patriots owner set to challenge sex video

Attorneys for Patriots owner set to challenge sex video WEST PALM BEACH, Fla. — New England Patriots owner Robert Kraft's high-profile attorneys normally don't handle second-degree misdemeanours like soliciting a prostitute, but that's only part of what he needs them to do. Their main job is to make sure the public never sees videos that police say show Kraft twice paying for sex at a Florida massage parlour. On Friday, they will try to persuade Judge Leonard Hanser that police violated the 77-year-old's federal and state rights when they secretly installed video cameras at the Orchids of Asia Day Spa. They want the videos thrown out and sealed.

Last week, Kraft's attorneys asked the judge to throw out video recordings allegedly showing the 77-year-old owner twice paying for sex in January at Orchids of Asia. Kraft, who is worth $6 billion, is one of 25 men charged with paying between about $50 and $100 for sex. Kraft has pleaded not guilty but issued a public apology for his actions.

In court documents and proceedings, Jupiter police said that after receiving a tip from a neighbouring county that Orchids of Asia might be a prostitution front, detectives placed it under surveillance in November and persuaded a judge in January to issue a warrant letting them install hidden cameras in the spa. Kraft's attorneys accused them of lying to obtain the warrant, calling that a violation of the customers' privacy rights.

According to testimony, if detectives monitoring the cameras saw a customer pay for sex, the suspect was tailed by Jupiter officers as he left the parking lot until he committed a traffic violation. He was then pulled over to obtain his identification so he could later be charged with solicitation. The men were not told immediately that they had been seen at Orchids of Asia. Police said they didn't want to tip off the spa's owner about the surveillance.

McClintic court application to review prison transfer discontinued in Alberta

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Kimbark pulled over Kraft's chauffer after one of his visits. During questioning last week, Spiro asked Kimbark about his recorded conversation with other officers about pulling over the previous customer. Spiro four times accused Kimbark of acknowledging he didn't have probable cause to stop the man, but would "make some ... up," using a common obscenity.

Kimbark denied saying that, as did prosecutors Tuesday. Prosecutors said to avoid telling the man that his traffic violation had occurred in the spa's parking lot, Kimbark was recorded telling another officer that if the man asked about its location he would "come up with something."

Prosecutors said the wording of Spiro's question "was designed to mislead (the judge) as to the lawfulness of the traffic stop."

Burck and Spiro filed a rebuttal late Tuesday saying Spiro "had a good faith basis" to question the officer as he did, based on what he was told by the other man's attorney. They said prosecutors didn't give them Kimbark's video before the hearing as requested.

Prosecutors also accused Spiro of trying to intimidate Kimbark during a lunch break, allegedly telling the officer he had video of Kimbark saying "stupid" things.

Remy Ma confident that assault case will be dropped

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Burck in his phone interview laughed at the accusation, saying prosecutors were present during Spiro's conversation with Kimbark.

"If they thought it was such a terrible thing, it is interesting that they decided to raise it a week later and not right after it happened in front of the judge," he said.

David Weinstein, a Miami-based defence attorney and former prosecutor not involved in the case, said he understands the prosecutors' frustration with "these big-time, out-of-town lawyers," but added "they went a little overboard by filing the motion."

He said Judge Hanser will review the recording, but knows attorneys stretch their questions and arguments as far as they can. If Hanser finds Spiro and Burck crossed the line, he could kick them off the case, Weinstein said.

"The judge is probably really aggravated with both sides," he said.

Terry Spencer, The Associated Press

Read more

Court to hear man's appeal of convictions in deaths of Calgary couple, grandson.
The Alberta Court of Appeal is to hear arguments today from lawyers for a man sentenced to life in prison for killing a couple and their grandson. Douglas Garland is appealing his convictions of first-degree murder in the deaths of Alvin and Kathy Liknes and five-year-old Nathan O'Brien in 2014. Garland, 59, is serving a life sentence with no chance of parole for 75 years. Justice David Gates said during sentencing that Garland attacked the three victims in the Liknes home in Calgary, then took them to his farm, where he killed and dismembered them, burning their remains.

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