Prosecutors in Florida said Wednesday that they plan to release surveillance video of Patriots owner Robert Kraft allegedly paying for sex at a massage parlor in January.
Via John R. Ellement of the Boston Globe, court papers submitted by Palm Beach County State Attorney Dave Aronberg indicate a belief that the prosecution “is obligated under Florida law to provide the video to the public” in connection with the criminal case against the two women who are accused of owning and operating a prostitution ring.
The prosecution claims that, “as the custodian of the records, [it] cannot delay the release of records to allow a person to raise a constitutional challenge to the release of the documents,” adding that “[t]he Public Records Act does not allow a custodian to delay the production of records to allow the resolution of a constitutional challenge to the release of the documents.”
That seems like a stretch. If there’s a viable constitutional challenge to any planned action in any context or setting, that challenge should be resolved before the action is taken. Otherwise, the challenge — if successful — become meaningless.
The prosecution’s plan, as a practical matter, will force Kraft’s lawyers to aggressively seek a ruling blocking the release of the video. Once it’s released, it can’t be unreleased. In that same regard, once it’s seen, it can’t be unseen.