Controversial video footage of 77-year-old New England Patriots’ owner Robert Kraft engaging in sexual acts at a Florida day spa will be released, according to recent reports. However, lawyer’s defending Kraft have filed an emergency motion today to prevent footage from reaching the public.

According to CNN and court documents, release of the video would not come against Kraft but in the case of two women accused of running the Orchids Day Spa.

The Palm Beach County Office of State Attorney Dave Aronberg was not available for comment at the time of publishing and it is unclear when the video will be released, if it all following the new emergency motion filed by Kraft’s legal team.

Kraft was charged on two misdemeanor counts, which includes 24 other men accused of soliciting prostitution at the spa. Out of those 24 men, lawyers representing 14 of them have asked the Judge Leonard Hanser to withhold records as the investigation is still ongoing.

However, prosecutors in court have noted that Florida records law compels the release of records as access to arrest reports and police logs is widely easy in the state. Further reports note prosecutors agree to “release or blur depictions of obscene or pornographic images before releasing such records to the public, absent a court order.”

“I fully support the prosecutor’s decision to release the Kraft video and agree with their interpretation of Florida’s public records law – release of the video cannot be delayed while Kraft’s attorneys seek a court order prohibiting release of what is clearly a public record subject to disclosure,” said President of the First Amendment Foundation, Barbara Petereson to MuckRock.

Section 119.071(2)(c) of Florida Sunshine states that criminal investigative and criminal investigative information is exempt from disclosure, not confidential and exempt, and so the law enforcement agency can release the video if it so chooses.

“If information is exempt, there is discretion on the part of the custodial to disclose the information,” said Petersen.

This case is part of an ongoing investigation with a final decision on the release of the video pending with Judge Leonard Hanser in the 15th Judicial Circuit of Florida.

You can read Kraft’s full arrest notice released by the Office of State Attorney Dave Aronberg embedded below.

Image by Thomson200 via Wikimedia Commons