Prosecutors Accuse Robert Kraft's Attorneys of Misconduct in Solicitation Case

Two of Robert Kraft's attorneys could face criminal contempt charges for their handling of the case that has seen the New England Patriots owner plead not guilty to two misdemeanor counts of solicitation.

On Tuesday, A.J. Perez of USA Today cited a Florida court filing that reveals prosecutors say attorneys William Burck and Alex Spiro made an intentional "false statement of fact" during a May 1 hearing that revolved around whether video obtained by police from inside a day spa would be admissible as evidence.

Perez explained the criminal contempt allegations are specifically in regard to Spiro's examination of police officer Scott Kimbark—who identified Kraft as he left the spa—during the hearing.

"Did you say, jokingly or not, that you would, 'make some (expletive) up?'" Spiro asked Kimbark about one of his stops.

"I'm sure I say a lot of things that are captured on body-worn camera, however, I do not remember specifically saying that," Kimbark said. "As it seems like it's a home run on your side, I would (not) have (brought) that profane word up."

Prosecutors said they determined Kimbark did not make the remark after reviewing body-worn camera video, although Burck said there is evidence he did while calling allegations of criminal contempt "ridiculous, false and laughable."

Burck continued, saying, "... This is amateur hour. Nobody goes and threatens criminal contempt against lawyers in a case asking questions of a witness."

However, the state attorney included the following passage in a court filing: "Both Attorneys Spiro and Burck represented to the court that they had watched the body-camera tape and heard this comment allegedly made during a previous stop. Either the assertion that they had reviewed the tape was untrue, or their representation of what occurred during the tape was untrue."

In addition to pleading not guilty to the two misdemeanor counts, Kraft did not accept a plea deal in March that offered to drop the charges if, among other things, he admitted he would have been found guilty in a trial.

Kraft's defense team is also working to suppress the video footage from inside the spa that T.J. Quinn of ESPN.com reported in March was "described as graphic and damning."