Professional Documents
Culture Documents
STATE OF FLORIDA
v.
Case Nos. 2019MM002346AXXXNB
ROBERT KRAFT, 2019MM002348AXXXNB
Defendant.
______________________________/
COMES NOW, Robert Kraft (“Mr. Kraft”), by and through the undersigned attorneys, to
respond in summary fashion to the State’s motion of earlier today seeking criminal contempt
against undersigned defense counsel Alex Spiro and William Burck. The State’s latest motion is
scurrilous, and it is baseless. It should be summarily denied on its face. Unable to justify a
lawless, indefensible prosecution on its merits, the State has resorted to trying to smear defense
counsel. Because the State via its motion is taking unfounded potshots at defense counsel in an
effort to distract from its own longstanding, demonstrated pattern of misconduct and from the
legal defects in its case, defense counsel wants to correct the record posthaste. To the extent that
the motion remains pending, more fulsome response will follow in short order. For now, it
suffices to note that there is no basis to fault the conduct of Mr. Kraft’s defense or any of his
undersigned counsel in any respect, let alone to undertake criminal contempt proceedings.
1. The State’s first claimed basis for criminal contempt involves questions that Mr.
Spiro posed to Officer Scott Kimbark based on Officer Kimbark’s bodycam footage. It is
undisputed that Officer Kimbark referred specifically and expressly to his plan to “come up with
something” as his claimed basis for making the relevant vehicle stop. It is also undisputed that
the State hitherto withheld the actual bodycam footage from Mr. Kraft and his counsel, despite
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their repeated requests for it. Only on the same day that it sought criminal contempt based on the
bodycam footage did the State finally provide it. To state the obvious, the State cannot fairly
fault defense counsel for failing last week to formulate a question in terms that matched—
precisely and verbatim—the very same bodycam footage that the State went out of its way to
withhold from defense counsel. It should be readily apparent from the footage that defense
counsel had good-faith basis to pose the relevant question to Officer Kimbark, which should be
the end of any contempt charge. Lest there be any doubt, defense counsel will attest that the
relevant question reflected, in the utmost good faith, reports from counsel for the relevant
defendant who had been stopped what the bodycam footage reflected. Nor is it plausible that
defense counsel was out to mislead the Court, considering that defense counsel’s stated goal, as
reflected in the transcript, was simply to have the Court review the footage for itself.
2. Nor can defense counsel’s exchange with Officer Kimbark possibly warrant
contempt proceedings. As described by Officer Kimbark in his affidavit, the exchange occurred
around fellow officers who all approached Mr. Spiro asking whether they could be released from
testifying. Far from seeking to intimidate Officer Kimbark, Mr. Spiro was simply trying to
answer his inquiries and provide guidance on whether and to what extent Officer Kimbark might
be called. There is no basis to attribute impropriety to the episode, as confirmed by the fact that
none of the many witnesses did attribute impropriety to it, until the State suddenly tried, days
3. It is telling that the State filed its latest submission only after Mr. Kraft filed, on
Friday, May 4, his post-hearing motion seeking suppression. Clearly, the State has no answer on
the core merits, so it is trying to draw attention away from the merits of its case, which has been
exposed as fatally defective in multiple respects. It also bears noting that the prosecuting
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attorneys in this case have incontestably made serial misrepresentations, including providing
false assurances that relevant videos would not be released without judicial authorization and
that critical bodycam footage would be promptly provided to the defense. If there is misconduct
that should concern the Court, it is happening on the other side of the caption. Among other
things, the bodycam footage that the State is attempting now to turn against defense counsels is,
in fact, smoking-gun proof of the State’s own failures to comply with its disclosure obligations
under Brady and otherwise. Such an attempt turns due process on its head, and certainly is no
* * *
For the foregoing reasons and others that Mr. Kraft and his counsel will be prepared to
elaborate upon via subsequent filing tomorrow, the State’s motion for criminal contempt should
be summarily denied, and the Court may wish to consider imposing sanctions on the State and its
Respectfully Submitted,
ATTERBURY, GOLDBERGER & WEISS, P.A.
williamburck@quinnemanuel.com
1300 I Street NW, Suite 900
Washington, D.C. 20005
(202) 538-8000
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alexspiro@quinnemanuel.com
51 Madison Avenue, 22nd Floor,
New York, NY 10010
(212) 849-7000
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed with
the Clerk of Court using the Florida Courts E-Filing Portal and served via E-Service to Assistant
State Attorney Elizabeth Neto and Judy Arco, on this day, May 7, 2019.