Florida prosecutors haven't given up their fight to allow video evidence to be used in Patriots Robert Kraft's solicitation of prostitution case.
As expected, The Palm Beach County State Attorney filed an appeal Friday of a judge's ruling earlier this week suppressing the video evidence because police did not properly monitor the video at the Orchids of Asia Day Spa in Jupiter, Florida.
The appeal was first reported by T.J. Quinn of ESPN.
If the appeal is denied, it would effectively end the state's case against Kraft, who is accused of visiting the spa to receive sex for money twice in a two-day period in January.
Prosecutors opened themselves up for civil suits from Kraft and 24 other defendants in the solicitation sting if they failed to appeal.
In his ruling, Judge Leonard Hanser agreed with Kraft's attorneys who argued that police failed to properly minimize the video surveillance of the spa - i.e., that they didn't avoid recording legal activity inside Orchids of Asia, and that clients, including Kraft, have a right to privacy inside the spa.
Kraft attorney Burck told Quinn: "[Palm Beach County State Attorney David] Aronberg is acknowledging he has no case without the illegal video recordings that four Florida judges have now found to be unconstitutional. No evidence means no trial. So the State had only two options -- drop the case or appeal. They chose to appeal, but we are confident the appellate court will agree with Judge Hanser and the other judges who threw out their illegally obtained evidence."
Click here to download the new MyTeams App by NBC Sports! Receive comprehensive coverage of your teams and stream the Celtics easily on your device.