But Florida prosecutors said Wednesday that they intend to release the videos of Kraft and 24 other men allegedly paying for sex at Orchids of Asia Day Spa.
Palm Beach County assistant state attorney Leigh Lassiter Miller said in a court document filed Wednesday that her office meant to release the video, citing the state's public records law.
State prosecutors said in court documents that there is nothing about Kraft's case that allows them to withhold the evidence from the public.
In the documents filed Wednesday, State Attorney Dave Aronberg said he can not wait for a ruling on Kraft's legal challenge. Kraft has pleaded not guilty and seeks a jury trial.
Meanwhile, another man who was filmed at the spa while receiving a legitimate massage has also filed documents to block their release, claiming that he was illegally filmed and that the private footage could humiliate him.
Media companies including ABC and ESPN clashed with Kraft's defenders, saying the judge would violate Florida's open records laws by suppressing the video of Kraft receiving sexual services at the Orchids of Asia Day Spa in Jupiter, Florida. "The Public Records Act does not allow a custodian to delay the production of records to allow the resolution of a constitutional challenge to the release of the documents".More news: Jason Kenney's UCP projected to win majority government in Alberta
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One of Kraft's attorneys last week described the recording of Kraft's actions in the spa as "pornography".
Kraft has fought to keep the videos - which were obtained through police surveillance - private, though a judge has yet to rule on his request for a protective order. He added the only reason the videos would be made public is "to get eyeballs and clicks".
In their emergency motion Wednesday, Kraft's high-powered legal team noted that prosecutor Greg Kridos had told Hanser during a recent court hearing that the state "can promise the court we are not going to release them [the videos] without an order from your Honor".
Kraft purchased the Patriots in 1994 and owns a property in Palm Beach.