Kraft Orchids Case - Prosecuters Want a Tug Rule?

[Tunescribe]

As a young Jewish kid I worked in an amusement park that had a whole shift of Campus Crusaders for Christ. One guy gave me a terrifying comic book in which God shows a sinner a movie of his life. Then once the sinner realizes how screwed he is, does God say "well, you did masturbate a lot but I forgive you"? NO! Big old flaming HELL! And in the background of the heaven panel I'm sure I saw Hitler and possibly Bucky F'in Dent.

As far as I know the Bible says nothing about masturbation so you might be OK.

 

[PatsFanInVa]

@fnordcircle



Marlon Brando explains Justice and The Law at 1:49.

 

[PatsDeb]

So ... I'm curious here ...
Can one legally somehow get something that is public record sealed for good?

The videotape is not a public record. It is evidence in a criminal case that some have claimed was illegally obtained (although this issue has not yet been ruled upon), and if the judge finds that whatever agreement the prosecutors and Kraft have reached is fair and reasonable and in the best interests of the state of FL, then I am sure it can be sealed as part of whatever agreement they have reached.

 

[fnordcircle]

As far as I know the Bible says nothing about masturbation so you might be OK.

There's broad terms that can be used to capture masturbation if you view masturbation as some sort of malady of the spirit in the first place.

There's also a bit about 'spilling your seed on the ground' but this is generally viewed in the context of a brother who has had to marry his dead brother's wife and doesn't want to knock her up so he uses the Greyhound bus method.

 

[PatsDeb]

Ok leaving aside sex trafficking - which is something about which we should all care - if you are someone who thinks this was just a dirty old man getting a handy (I can relate) then why do you care about this?

I'm honestly mystified why this thread is 230+ pages long. I just sort of assumed every billionaire was doing weird **** and guys like Irsay and Kraft were just too stupid or impulsive to hide it well.

Kraft is the idiot owner of our team. That's it. I don't think anything he does reflects on this team, at all. The team is the players and coaches who make it happen not the blobby almost-octagenarian coos hound who signs the checks.

As an attorney I am always interested in "legal stuff," particularly how other attorneys handle cases and what resolutions they are able to get for their clients. I dropped out of the thread when it deteriorated into name calling & people sitting on their high horses, but I became re-intrigued when somebody posted that notice of hearing today. That's the hook for me!

 

[Ice_Ice_Brady]

As an attorney I am always interested in "legal stuff," particularly how other attorneys handle cases and what resolutions they are able to get for their clients. I dropped out of the thread when it deteriorated into name calling & people sitting on their high horses, but I became re-intrigued when somebody posted that notice of hearing today. That's the hook for me!

Thanks for your legal views @PatsDeb . Always good to have professionals who know what they’re talking about since there always plenty of amateurs like myself.

 

[Patsfanin Philly]

Money shot = penalty shot

I was at a professional lecture with 100 people last year. The speaker showed a final slide of a medical procedure and called it the "money shot" to chuckles in the audience. When he sat down, I asked him if he knew what the term "money shot" meant. He didn't.. The look on his face when I showed him urban dictionary was priceless.......

 

[Patsfanin Philly]

I hear Kraft is looking for Jussie Smollet's attorney... He was looking for Michael Avenati but it seems that he is out of commission....

 

[ralmat55]

I think he's suspending him anyway. I predict 4-6 games.

You seem to be very knowledge on matters of the law while I’m just some smuck rereading the Bill of Rights for the first time in way too long.

I have a question for you having to do with the media’s request for the video to be released under Florida ‘s transparency laws. Let’s say a judge grants the media request or the trial judge released it as part of his sentence. Couldn’t Kraft’s attorneys argue that, given the private and salacious nature of the video, releasing it constitutes a violation of Kraft’s 8th amendment right to not be subject to “cruel or unusual “ punishment?

It was just a thought I had while freshening up my long ago civics classes, and I thought I’d ask your opinion. Not to take likely the charges Kraft is facing but the release of the video would be the equivalent of putting him in stocks in the town square with his pants pulled down. That sounds “cruel and unusual” to me.

 

[Ice_Ice_Brady]

You seem to be very knowledge on matters of the law while I’m just some smuck rereading the Bill of Rights for the first time in way too long.

I have a question for you having to do with the media’s request for the video to be released under Florida ‘s transparency laws. Let’s say a judge grants the media request or the trial judge released it as part of his sentence. Couldn’t Kraft’s attorneys argue that, given the private and salacious nature of the video, releasing it constitutes a violation of Kraft’s 8th amendment right to not be subject to “cruel or unusual “ punishment?

It was just a thought I had while freshening up my long ago civics classes, and I thought I’d ask your opinion. Not to take likely the charges Kraft is facing but the release of the video would be the equivalent of putting him in stocks in the town square with his pants pulled down. That sounds “cruel and unusual” to me.

I had that same exact thought. I’m pretty sure there’s no leg to stand on legally, but it sure seems like a cruel and unusual punishment. I’m guessing the problem is that it is not an actual punitive measure legally, and one could argue that Kraft brought it upon himself (if it is indeed legally obtained.). I mean, at some point clearly judges set precedents that these secret surveillance videos can be released to the public under normal circumstances despite plenty of embarrassment and privacy issues. I would like to hear from PatsDeb.

 

[Soliel]

Yes, I changed my answer a little based on what I think is a quirk of FL law (i.e. you admit they had enough evidence to convict if you went to trial, you accept punishment as if you were found or pled guilty, but then they "drop the charges."). Up here, if they drop the charges there is no punishment, but that doesn't seem to be the case in FL.

Right. Seem fair?

 

[Brewskies]

Who cares if they show the tape, he is an old man. Move on, show the tape, and give him a league penalty. Then this will be over.

Back to the Patriots football.

 

[PatsDeb]

You seem to be very knowledge on matters of the law while I’m just some smuck rereading the Bill of Rights for the first time in way too long.

I have a question for you having to do with the media’s request for the video to be released under Florida ‘s transparency laws. Let’s say a judge grants the media request or the trial judge released it as part of his sentence. Couldn’t Kraft’s attorneys argue that, given the private and salacious nature of the video, releasing it constitutes a violation of Kraft’s 8th amendment right to not be subject to “cruel or unusual “ punishment?

It was just a thought I had while freshening up my long ago civics classes, and I thought I’d ask your opinion. Not to take likely the charges Kraft is facing but the release of the video would be the equivalent of putting him in stocks in the town square with his pants pulled down. That sounds “cruel and unusual” to me.

I don’t think it falls under cruel & unusual punishment, and I am not familiar with Florida law on the subject. Nor am I a criminal lawyer so I only have a basic understanding of criminal law, but there must be some limited right of privacy or purpose in evidence developed to prosecute a crime such that it can’t always be released for public consumption. Otherwise we’d see crime scene photos published all the time, which doesn’t happen. Granted, there isn’t much of a victim here, who would be the person most entitled to privacy.

 

[QuantumMechanic]

Goodell has announced the NFL is doing it's own "fact-finding" investigation into Kraft.
NFL Conducting Its Own Fact-Finding Investigation On Robert Kraft

 

[Soliel]

I don’t think it falls under cruel & unusual punishment, and I am not familiar with Florida law on the subject. Nor am I a criminal lawyer so I only have a basic understanding of criminal law, but there must be some limited right of privacy or purpose in evidence developed to prosecute a crime such that it can’t always be released for public consumption. Otherwise we’d see crime scene photos published all the time, which doesn’t happen. Granted, there isn’t much of a victim here, who would be the person most entitled to privacy.

Ergo, you believe this is usual?

Due process has not begun. Think about that a minute

 

[Soliel]

Goodell has announced the NFL is doing it's own "fact-finding" investigation into Kraft.
NFL Conducting Its Own Fact-Finding Investigation On Robert Kraft

Yeah, I remember this one

 

[Ring 6]

I don’t think it falls under cruel & unusual punishment, and I am not familiar with Florida law on the subject. Nor am I a criminal lawyer so I only have a basic understanding of criminal law, but there must be some limited right of privacy or purpose in evidence developed to prosecute a crime such that it can’t always be released for public consumption. Otherwise we’d see crime scene photos published all the time, which doesn’t happen. Granted, there isn’t much of a victim here, who would be the person most entitled to privacy.

Wouldn’t cruel and unusual punishment only apply if when found guilty the sentence included publicly showing the tape?
My understanding is that the way the tape would be released is that someone requested it through FOIL (or whatever the Florida version is) and the request was deemed legally allowed. (My understanding also is that the only way to deny release is to find extreme reasons which according to the sheriff at least a sexual act is not sufficient)

So the release would be based upon a FOIL request, not a punishment for a conviction for the crime.

 

[Joker]

wait...no "human trafficking!!!!!!" charge? can't be...I swear I saw it PRINTED in hundreds of posts by a certain someone the past few weeks.

 

[Soliel]

wait...no "human trafficking!!!!!!" charge? can't be...I swear I saw it PRINTED in hundreds of posts by a certain someone the past few weeks.

Almost choked on beer reading that

 

[fnordcircle]

Goodell has announced the NFL is doing it's own "fact-finding" investigation into Kraft.
NFL Conducting Its Own Fact-Finding Investigation On Robert Kraft