A judge made several errors when he threw out video evidence allegedly showing New England Patriots owner Robert Kraft twice paying for sex at a South Florida massage parlor, prosecutors argued in a court papers to keep alive their case against one of the NFL’s most prominent personalities.

The state attorney general’s office filed its argument with the Fourth District Court of Appeal late Tuesday, just before a deadline that otherwise likely would have meant the dismissal of Kraft’s second-degree misdemeanor charge. It said Palm Beach County Court Judge Leonard Hanser made several errors in his May ruling and argued that even if he didn’t, he went too far by suppressing the recordings police secretly made in January at the Orchids of Asia Day Spa.

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