The Office of the State Attorney plans to pixelate and blur depictions of obscene or pornographic images before releasing the video to the public.
Kraft, 77, is facing two misdemeanor charges for soliciting prostitution, as a result of his alleged visitations to Orchids of Asia Day spa on January 19 and January 20. The release of the videos will come through the cases of two women accused of using the massage parlor as a front to engage in acts of prostitution, CBS affiliate WPEC reported. Both women have pleaded not guilty to numerous charges, including maintaining a house of prostitution.
Wang allegedly managed the spa, and Hua Zhang has been identified by authorities as the owner of the spa.
Prosecutors have offered to drop the charges if Kraft and the other men enter a diversion program for first-time offenders.
"Absent a Court order, the State will be releasing the requested public records once it has retrieved and reviewed the records", prosecutors said in their filing Wednesday, adding that "the State, as custodian of the records, can not delay the release of the records to allow a person to raise a constitutional challenge to the release of the documents".
In court documents, prosecutors said Florida law obligates them to release the footage.
"It's basically pornography", William Burck, a member of Kraft's defense team, said in court Friday. That request is still pending before Judge Leonard Hanser. He was caught visiting the spa on January 19 and January 20.
In the documents filed Wednesday, State Attorney Dave Aronberg said he can not wait for a ruling on Kraft's legal challenge.
Apparently, Kraft's lawyers wrote, that statement was just a "ruse". "Much of the attention to date has focused on the illegally obtained Videos, which the JPD claims depict low level acts of solicitation".
If the media is allowed to air the video now, but the court eventually rules the footage is inadmissible and the case still goes to trial, many potential jurors will have seen the video and will be tainted by evidence they weren't supposed to consider, Burck argued. Last week, his lawyers argued that release of the video could "destroy" his chances at a fair trial.