WEST PALM BEACH, Fla. -- A Florida prosecutor asked a judge to preserve video that allegedly shows New England Patriots owner Robert Kraft paying for massage parlor sex, according to court documents filed Wednesday.
But Palm Beach County State Attorney David Aronberg argues there is still a civil case pending in which the videos could be used as evidence.
"The Office of the State Attorney cannot legally or ethically agree to the destruction of evidence relevant to this known, pending litigation," Aronberg said in the court filing.
Kraft's attorney asked the appeals court judge to order that the video be destroyed so it can't be released to the public.
Police say they recorded Kraft, a widower, paying for sex acts at a Jupiter spa on consecutive days in January 2019. Kraft pleaded not guilty but issued a public apology for his actions.
If not for the pending lawsuit, Aronberg said, he doesn't want the videos.
"To be abundantly clear, the Office of the State Attorney has no interest in maintaining possession of, or releasing to the public, any of the surveillance videos through these prosecutions," the filing said.