New England Patriots

ATLANTA, GEORGIA - JANUARY 28: Owner Robert Kraft of the New England Patriots looks on during Super Bowl LIII Opening Night at State Farm Arena. (Photo by Kevin C. Cox/Getty Images)

By Matt McCarthy,

Prosecutors in Florida face a Tuesday deadline to appeal the decision by a judge to throw out the video evidence in the solicitation of prostitution case against Patriots owner Robert Kraft.

The case has been on hold since May after Judge Leonard Hanser dealt a key blow to the prosecution by blocking the use of video captured by police during their investigation of the Orchids of Asia day spa in Jupiter, Florida. Authorities say that video documented Kraft’s two visits to the spa in January.

He is charged with two misdemeanor counts of soliciting prostitution.

Hanser ruled that the footage could not be used in the case because the Jupiter police department failed to protect the privacy of customers who were receiving legitimate massage services at the spa. The judge cited previous court rulings as the reason for his decision.

Prosecutors have been granted two extensions as they work on their appeal of the judge’s decision.

Kraft pleaded not guilty in March and has denied engaging in any illegal activity, but also issued a public statement apologizing to his family, friends, co-workers and fans of the Patriots.

You can hear Matt McCarthy on various 98.5 The Sports Hub programs. Follow him on Twitter @MattMcCarthy985.