New England Patriots

FOXBOROUGH, MA - JULY 29: New England Patriots owner Robert Kraft speaks at a press conference at Gillette Stadium July 29, 2015 in Foxborough, Massachusetts. (Photo by Darren McCollester/Getty Images)

By Matt McCarthy,

Prosecutors in Florida have appealed a judge’s decision to bar use of video evidence in the solicitation of prostitution case against Patriots owner Robert Kraft.

The state’s attorney general’s office filed the appeal just minutes before Tuesday’s deadline, according to the Associated Press. The prosecution is arguing before an appeals court that Judge Leonard Hanser erred in his decision to throw out the video, which allegedly shows Kraft paying for sex at the Orchids of Asia massage parlor in Jupiter, Florida.

Kraft 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.

State prosecutors are arguing that the hidden cameras installed at the spa were legal.

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.