Florida "Human Trafficking" investigation involving Robert Kraft

[RonJohn]

Since I have spent more time in the lounge in the last week, I thought I would discuss the investigation that resulted in the charges against Robert Kraft. In a case that multiple jurisdictions of police and prosecutors proclaimed was about human trafficking, only one person was charged with trafficking. That person was in a different area than Kraft and the vast majority of all of the people who were charged. That one person didn't have relationships to the other establishments or johns. I will discuss my understanding of the Kraft investigation first, and then the investigation into the one person who was charged with human trafficking. While it doesn't bother me that Kraft was charged with soliciting, the actions of the police and the prosecutors does bother me.

In the Kraft case, the police began investigating the spa in October, at that point the investigation was researching business records and such. In November, they asked the health inspector to do an inspection. She noted one violation (that the massage tables had wear and tear), but marked N/A on a question about whether the location was being used as a residence. The written report from November said nothing about excess food or medicine stored at the business. The police in January applied for a delayed notice warrant so they could install cameras in the business. The warrant application stated that:

• Neighboring counties were investigating human trafficking
• This police department was investigating an unnamed first degree felony
• A health inspection of the business found evidence that the location was being used as a residence. I believe the inspection report was attached, but it contained no information, statement, or evidence of the business being used as a residence.
• The detective stated an opinion that no other law enforcement tool would work because Asian women who work in massage parlors “are very reluctant to speak with law enforcement out of fear and oftentimes will be untruthful if interviewed.”“are very reluctant to speak with law enforcement out of fear and oftentimes will be untruthful if interviewed.”

The police put cameras in the massage rooms. I haven't seen any evidence that the police put cameras in the common areas. It seems to me that if you are looking to prove women are being trafficked, then you would put cameras in the common areas first. You could see evidence that the women are locked in the location and living there. You could get video of the women being threatened and forced to work.

As to no other law enforcement tool working to prove that trafficking is taking place, that is true. However, it would have been almost trivial for the police to prove in that particular case that trafficking was not taking place. All four of the women who worked there had keys to the establishment. They all came and left separately. They slept in different houses with different families. They all were either citizens or permanent residents.

After the warrant expired, the police asked the same health inspector to conduct a second inspection. In the second inspection the items that the police noted in the warrant were listed. The question about whether the location was being used as a residence was checked yes. There was not additional food, medicine, or any other evidence that what was present during the first inspection.

When police and prosecutors announced the charges, the announced it as a large crack down on "human trafficking". They had arrested traffickers and had rescued victims. Presently there is one person in a different area that is charged with trafficking and one person who is in protective custody. Every single other "victim" that was referred to in the announcement has now been charged with prostitution.

There is one person who is still charged with human trafficking. Lanyun Ma of Indian River County. (Which is a couple of hours away from Palm Beach County where Kraft was) According to investigators, she was seen transporting numerous women to and from the spa each carrying suitcases. Those women were always in close proximity to and being monitored by Ma while they were in public. According to TCPalm.com:

It's hard to know how many total victims there were at East Spa, police said. One was placed in a shelter and is cooperating with investigators; several are incarcerated and a handful were never identified.

I realize that it was different police entities. However in a case where it is relatively easy to verify that trafficking isn't taking place, the police use extreme measures to try to catch people for a misdemeanor. At the same time in a place where it appears likely that trafficking was taking place, the police do not take adequate measure to rescue those women. I would think that if actual trafficking and sexual slavery is taking place that the police would save the women before they are raped again. Also, if the local police believe they are watching a national network of traffickers, then they should engage the FBI to at least keep track of the women once they are moved out of this location.

On top of that, my insistence on using words for the correct definition plays a role. Human trafficking and sexual slavery is pure evil. People who lure teenage runaways into sexual slavery or lure foreign women with promises of jobs into sexual slavery deserve to be hanged. If prosecutors and the public use the term "human trafficking" for anyone who gets a "happy ending" at a massage parlor makes the term less effective. Go ahead and prosecute the "happy ending" guys for solicitation, but keep "human trafficking" reserved for the evil people so that the public can immediately recognize how evil they are.

 

[Technut1990]

Since I have spent more time in the lounge in the last week, I thought I would discuss the investigation that resulted in the charges against Robert Kraft. In a case that multiple jurisdictions of police and prosecutors proclaimed was about human trafficking, only one person was charged with trafficking. That person was in a different area than Kraft and the vast majority of all of the people who were charged. That one person didn't have relationships to the other establishments or johns. I will discuss my understanding of the Kraft investigation first, and then the investigation into the one person who was charged with human trafficking. While it doesn't bother me that Kraft was charged with soliciting, the actions of the police and the prosecutors does bother me.

In the Kraft case, the police began investigating the spa in October, at that point the investigation was researching business records and such. In November, they asked the health inspector to do an inspection. She noted one violation (that the massage tables had wear and tear), but marked N/A on a question about whether the location was being used as a residence. The written report from November said nothing about excess food or medicine stored at the business. The police in January applied for a delayed notice warrant so they could install cameras in the business. The warrant application stated that:

• Neighboring counties were investigating human trafficking
• This police department was investigating an unnamed first degree felony
• A health inspection of the business found evidence that the location was being used as a residence. I believe the inspection report was attached, but it contained no information, statement, or evidence of the business being used as a residence.
• The detective stated an opinion that no other law enforcement tool would work because Asian women who work in massage parlors “are very reluctant to speak with law enforcement out of fear and oftentimes will be untruthful if interviewed.”“are very reluctant to speak with law enforcement out of fear and oftentimes will be untruthful if interviewed.”

The police put cameras in the massage rooms. I haven't seen any evidence that the police put cameras in the common areas. It seems to me that if you are looking to prove women are being trafficked, then you would put cameras in the common areas first. You could see evidence that the women are locked in the location and living there. You could get video of the women being threatened and forced to work.

As to no other law enforcement tool working to prove that trafficking is taking place, that is true. However, it would have been almost trivial for the police to prove in that particular case that trafficking was not taking place. All four of the women who worked there had keys to the establishment. They all came and left separately. They slept in different houses with different families. They all were either citizens or permanent residents.

After the warrant expired, the police asked the same health inspector to conduct a second inspection. In the second inspection the items that the police noted in the warrant were listed. The question about whether the location was being used as a residence was checked yes. There was not additional food, medicine, or any other evidence that what was present during the first inspection.

When police and prosecutors announced the charges, the announced it as a large crack down on "human trafficking". They had arrested traffickers and had rescued victims. Presently there is one person in a different area that is charged with trafficking and one person who is in protective custody. Every single other "victim" that was referred to in the announcement has now been charged with prostitution.

There is one person who is still charged with human trafficking. Lanyun Ma of Indian River County. (Which is a couple of hours away from Palm Beach County where Kraft was) According to investigators, she was seen transporting numerous women to and from the spa each carrying suitcases. Those women were always in close proximity to and being monitored by Ma while they were in public. According to TCPalm.com:

I realize that it was different police entities. However in a case where it is relatively easy to verify that trafficking isn't taking place, the police use extreme measures to try to catch people for a misdemeanor. At the same time in a place where it appears likely that trafficking was taking place, the police do not take adequate measure to rescue those women. I would think that if actual trafficking and sexual slavery is taking place that the police would save the women before they are raped again. Also, if the local police believe they are watching a national network of traffickers, then they should engage the FBI to at least keep track of the women once they are moved out of this location.

On top of that, my insistence on using words for the correct definition plays a role. Human trafficking and sexual slavery is pure evil. People who lure teenage runaways into sexual slavery or lure foreign women with promises of jobs into sexual slavery deserve to be hanged. If prosecutors and the public use the term "human trafficking" for anyone who gets a "happy ending" at a massage parlor makes the term less effective. Go ahead and prosecute the "happy ending" guys for solicitation, but keep "human trafficking" reserved for the evil people so that the public can immediately recognize how evil they are.

there is a strategy behind all this. I would bet that at least one of these prosecutors or police chiefs/Sheriff is up for reelection or some type of promotion in which public perception is important to that end. Ending "Human Trafficking" is a very good way to argue your case. It really doesn't matter if you actually end it or if you even have real evidence of it. Its sad that the argument was made that essentially it's happening over there so it must be happening here. The bigger problem is that in the end NOBODY is going to take the side of those seeking happy endings in order to point out that proper probable cause was never obtained to put the cameras inside private property in the first place. The only requirement needed to make the argument that a sex ring was busted up was that the police arrest several people and just one plead guilty, once that happens its political mission accomplished.

 

[Whiskey_Clear]

And the cameras certainly were not the only police tool available. Undercover investigators could very easily have been used, posing as “customers” to establish sufficient evidence for a more intrusive search warrant to place cameras tap phones etc.

I haven’t researched this case at all but from the info provided in the op it does sound like some corners may have been cut leading to “sloppy” police work. Expect charges to be dropped in mass if so.

 

[RonJohn]

there is a strategy behind all this. I would bet that at least one of these prosecutors or police chiefs/Sheriff is up for reelection or some type of promotion in which public perception is important to that end. Ending "Human Trafficking" is a very good way to argue your case. It really doesn't matter if you actually end it or if you even have real evidence of it. Its sad that the argument was made that essentially it's happening over there so it must be happening here. The bigger problem is that in the end NOBODY is going to take the side of those seeking happy endings in order to point out that proper probable cause was never obtained to put the cameras inside private property in the first place. The only requirement needed to make the argument that a sex ring was busted up was that the police arrest several people and just one plead guilty, once that happens its political mission accomplished.

I am sure the prosecutors want the "sex offender" and "trafficking" convictions, or at least arrests in the public for campaign reasons. I don't feel sympathy for Kraft. Even if convicted, it is a misdemeanor and any fine they could legally assess on him is meaningless to him. The two things that bother me are: That the term human trafficker will lose the sting that it has, and that police are using extreme methods to investigate misdemeanors. I don't think delayed notification warrants are constitutional. That stated, if the police use them to ensure safety from terrorists. I saw a documentary in which it was described how police in another country(England, Germany, ?) used hidden cameras to keep tabs on a terrorist who was building a bomb. He wasn't close to being ready with the bomb. They kept the room that he was building it in under surveillance while observing who he interacted with. When he actually got close to having something ready to detonate, they arrested him. In the mean time, they were able to identify other terrorists from his phone calls and in person visitors. Even if the police can't use the video in a trial, they can ensure safety with the video while obtaining admittable evidence by other means.

 

[RonJohn]

And the cameras certainly were not the only police tool available. Undercover investigators could very easily have been used, posing as “customers” to establish sufficient evidence for a more intrusive search warrant to place cameras tap phones etc.

I haven’t researched this case at all but from the info provided in the op it does sound like some corners may have been cut leading to “sloppy” police work. Expect charges to be dropped in mass if so.

I think most of the johns have entered pre-trial diversion programs.

Kraft's lawyers had the video evidence thrown out, but for a different reason. The police viewed and recorded everyone who entered the spa, whether they broke the law or not. The police told the judge that were not trained to they did not take any action to avoid viewing or taping actions that were not illegal. There is at least one woman who received a legitimate massage at that parlor who has filed suit against the police for video taping her nude without her knowledge or permission.

Kraft was identified when his driver was pulled over after he visited the spa. The police officer asked for the driver's identification and Kraft's. Kraft's lawyers argued that there was no actual traffic violation, and since the video tape evidence isn't admissible, the police had no probable cause to pull over Kraft's car or ask for his identification. At this point, the prosecutors can't use the video and they can't use Kraft's identification. The prosecutors are appealing the suppression of the video, so it will be a while before the full results are known.