Filing # 88226814 E-Filed 04/18/2019 06:22:38 PM

IN THE CIRCUIT COURT OF THE 15TH

JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA

STATE OF FLORIDA, CASE NO: 50-2019-CF-001606-AXXX-MB

Plaintiff,

v.

HUA ZHANG,

Defendant.
__________________________/
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA

STATE OF FLORIDA, CASE NO: 50-2019-CF-001606-BXXX-MB

Plaintiff,

v.

LEI WANG,

Defendant.
__________________________/

DEFENDANTS’ EMERGENCY VERIFIED

MOTION FOR AN ORDER TO SHOW CAUSE

Defendants, LEI WANG (“Wang”) and HUA ZHANG (“Zhang”) (the “Defendants”),

hereby files this Emergency Motion for an Order to Show Cause and in support thereof states:

SUMMARY OF ARGUMENT

This Court entered an Order prohibiting the disclosure of materials, specifically video

surveillance, that was obtained during the course of a criminal investigation. These materials are

exclusively in the possession, custody, and control of the Jupiter Police Department and the Palm

Beach County State Attorney’s Office. In blatant derogation of this Court’s Order, a (presently)

1
unknown individual, or perhaps even a group of individuals, is now attempting to sell, to the

highest bidder, the materials subject to this Court’s order. As a result, and in order to avoid further

harm to their rights to a fair trial and to avoid further damage to their reputations, Defendants have

been forced, yet again, to seek emergency relief from this Court. Defendants request that the Court

issue an Order to Show Cause directing the Town of Jupiter and the Palm Beach County State

Attorney’s Office to Show Cause as to why they should not be held in indirect criminal contempt

of Court for the violation of this Court’s order prohibiting the release of the video surveillance in

this case.

LEGAL ARGUMENT

1. The Media has been aggressively seeking to obtain video surveillance that was, in

the Defendants’ opinions, illegally obtained and that depict the Defendants, and others, in private,

intimate settings, where people are video-recorded in various stages of undress. Not only would

the public disclosure of the Materials, including without limitation the Videos (as defined in

Defendant’s Motions for a Protective Order)1 violate the Defendants’ constitutionally guaranteed

rights to privacy, but any public disclosure would egregiously jeopardize their rights to a fair trial.

To preserve their rights to privacy and to a fair trial, the Defendants filed Motions for a Protective

Order, seeking to prohibit the public dissemination of the Videos.

2. The State, on April 17, 2019, filed a Notice of Intent to Comply with Chapter 119,

and stated, in direct contravention of its prior positions noted above to both this Court and to Judge

Hanser, that it would be immediately releasing the videos and materials once it completed its

version of redactions.

1
Defendant Wang’s Motion for a Protective Order, Supplemental Emergency Motion for a Protective Order, and
Defendant Zhang’s Motion for a Protective Order are adopted and incorporated into this filing by reference.
 3. As a result, the Defendants filed an Emergency Motion to Prohibit State from

Releasing Documents Pending Resolution of Defendants’ Motion for Protective Order and

Motions to Intervene by the Media, on April 17, 2019 (the “Emergency Motion”).

4. After reviewing the Emergency Motion, the Court conducted a hearing during

which the Court noted that the imminent and potential disclosure of the Videos and other materials

constituted a true emergency and prohibited the public disclosure of the Videos pending further

order of the Court.

5. Counsel for the Town of Jupiter and the State of Florida participated in the hearing

and confirmed that as of the time of the hearing, neither had disclosed any of the Videos to any

third parties.

6. On April 18, 2019, the Court entered an Order Temporarily Barring Release of

Public Records (the “Order”) and prohibited the disclosure of the Videos until the Court could

rule on Defendants’ Motions for Protective Orders, which are set for hearing on April 29, 2019, at

1:30 p.m.

7. Today, the NY Daily News published an article, attached hereto as Exhibit A,

claiming that a website called TheBlast.com was contacted by an unidentified party. Exhibit B.

This person allegedly showed videos, including footage of Robert Kraft, taken inside of the day

spa at issue, and this person offered to sell to the website the video footage at an unknown price.

Obviously, this information creates yet another emergency necessitating immediate judicial

intervention.

8. Considering the fact that only the Palm Beach County State Attorney’s Office and

the Jupiter Police Department has possession, custody, and control of the video surveillance, it is

a logical conclusion that someone must have leaked the video surveillance, in direct violation of
this Court’s Order. Accordingly, the Town of Jupiter or the State has clearly violated this Court’s

Order, and there is no justification for such conduct.

9. “‘Criminal contempt proceedings are utilized to vindicate the authority of the court

or to punish for an intentional violation of an order of the court.’” Blechman v. Dely, 138 So. 3d

1110, 1114 (Fla. 4th DCA 2014) (quoting Bowen v. Bowen, 471 So.2d 1274, 1277 (Fla.1985)). In

contrast, a sanction will be considered civil “if it ‘is remedial, and for the benefit of the

complainant.’” Id. (quoting Bagwell, 512 U.S. at 827–28, 114 S.Ct. 2552). In order for a sanction

to qualify as one imposable for civil contempt, it must contain a purge provision that affords the

contemnor the opportunity to avoid the sanction. See Int'l Union, United Mine Workers of Am. v.

Bagwell, 512 U.S. 821, 829, 114 S.Ct. 2552, 129 L.Ed.2d 642 (1994); Lewis v. Nical of Palm

Beach, Inc., 959 So. 2d 745, 752 (Fla. 4th DCA 2007).

10. Here, the requirements of indirect criminal contempt are clearly met. The Motion,

which is verified, and the exhibits attached to it, establish that either the State or the Jupiter Police

Department have violated the Court’s Order.

11. The fact that the Media has challenged the Court’s ability to enter the Order does

not excuse the State of Florida or the Town of Jupiter from complying with it. Kaylor v. Kaylor,

466 So. 2d 1253, 1254 (Fla. 2d DCA 1985) (“The order must be obeyed until vacated or modified

by that court or until it has been reversed on appeal, no matter how unreasonable or erroneous.”);

Rubin v. State, 490 So.2d 1001, 1003 (Fla. 3d DCA 1986) (reason behind rule requiring obedience

to court orders is that need for obedience to court order far outweighs any detriment to individuals

who may be temporarily victimized by order, even if erroneous).

WHEREFORE, the Defendants respectfully request that the Court enter an Order: (i)

Granting the Motion; (ii) Ordering the Palm Beach County State Attorney’s Office and the Town
of Jupiter to show cause as to why they should not be held in indirect criminal contempt of Court;

(iii) Holding the Palm Beach County State Attorney’s Office and the Town of Jupiter in Criminal

Contempt of Court; (iv) Awarding Defendants’ attorneys’ fees and costs for having to prosecute

this Motion; and (iv) Granting such further relief as the Court deems just and proper.

Respectfully submitted,

BERGER SINGERMAN, LLP

Counsel for Defendant Lei Wang
1450 Brickell Avenue, Suite 1900
Miami, Florida 33131
Telephone: (305) 755-9500
Facsimile: (305) 714-4340

By: s/ Kathleen S. Phang

Kathleen S. Phang
Florida Bar No. 348650
kphang@bergersingerman.com
lyun@bergersingerman.com
DRT@bergersingerman.com
Zachary P. Hyman
Florida Bar no. 98581
zhyman@bergersingerman.com
jhernandez@bergersingerman.com

and

TAMA BETH KUDMAN, P.A.

Counsel for Defendant Hua Zhang
319 Clematis Street, Suite 107
West Palm Beach, Florida 33401
Telephone: (561)472-0811

By: s/ Tama Beth Kudman

Tama Beth Kudman
Florida Bar No. 0637432
Tama@tkudmanlaw.com

CERTIFICATE OF SERVICE
 I HEREBY CERTIFY that on this 18th day of April, 2019, a true and correct copy of the
foregoing has been e-filed via the Florida Court’s E-Filing Portal, which will, in turn, send a notice
of electronic filing to the Assistant State Attorney assigned to this matter and served via the portal
upon all parties and counsel of record.
Deanna K. Shullman Dana J. McElroy
Rachel E. Fugate Daniela Abratt
Allison S. Lovelady 915 Middle River Drive, Ste. 309
2101 Vista Parkway, Suite 4006 Fort Lauderdale, FL 33304
West Palm Beach, FL 33411 (954) 703-3416 (phone)
Tel: (561) 429-3619 (954) 400-5415 (fax)
E-mail: dshullman@shullmanfugate.com E-mail: dmcelroy@tlolawfirm.com
rfugate@shullmanfugate.com dabratt@tlolawfirm.com
alovelady@shullmanfugate.com
Co-Counsel for ABC, Inc.; The Associated
Attorneys for the Intervenors Press; ESPN, Inc.; Gannett Co., Inc.;
GateHouse Media, LLC; The McClatchy
Company; The New York Times Company;
Orlando Sentinel Communications Company,
LLC; Sun-Sentinel Company, LLC; and
TEGNA

Carol Jean LoCicero L. Martin Reeder, Jr.

Mark R. Caramanica ATHERTON MCAULIFFE & REEDER PA
601 South Boulevard 224 Datura Street, Suite 815
Tampa, FL 33606 West Palm Beach, Florida 33401
(813) 984-3060 (phone) (561) 293-2530 (phone)
(813) 984-3070 (fax) (561) 293-2593 (fax)
E-mail: clocicero@tlolawfirm.com E-mail: martin@athertonlg.com
mcaramanica@tlolawfirm.com e-service@athertonlg.com

Co-Counsel for ABC, Inc.; The Associated
Press; ESPN, Inc.; Gannett Co., Inc.;
GateHouse Media, LLC; The McClatchy
Company; The New York Times Company;
Orlando Sentinel Communications Company,
LLC; Sun-Sentinel Company, LLC; and
TEGNA
Co-Counsel for ABC, Inc.; The Associated
Press; ESPN, Inc.; Gannett Co., Inc.;
GateHouse Media, LLC; The McClatchy
Company; The New York Times Company;
Orlando Sentinel Communications Company,
LLC; Sun-Sentinel Company, LLC; and
TEGNA

By: s/ Kathleen S. Phang

Kathleen S. Phang
EXHIBIT A
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Robert Kraft naked spa video

reportedly being shopped
By NANCY DILLON
NEW YORK DAILY NEWS | APR 18, 2019
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Owner Robert Kraft of the New England Patriots looks on during a Super Bowl LIII Opening Night event on
January 28, 2019 in Atlanta, Georgia. (Kevin C. Cox/Getty Images)

Robert Kraft’s spa sex tape might go public soon after all.

A day after a Florida judge temporarily blocked prosecutors from their

planned release of surveillance video showing Kraft and other men allegedly
receiving sexual favors inside a Jupiter day spa, an unidentified party is
purportedly peddling some of the recording.

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The party contacted TheBlast.com and allowed the celebrity news website to
view footage showing a naked Kraft inside the Orchids of Asia Day Spa with
another person, presumably the massage therapist, the outlet reported.

The overhead shot, apparently recorded from the ceiling, allegedly shows the
77-year-old owner of the New England Patriots undressed and lying on a
massage table with his hands placed behind his head, according to The Blast.

The website did not elaborate on who was shopping the video or how much
money the party requested.

[More News] Car2Go suspends Chicago service after 100 cars stolen,
50 of them Mercedes »

Kraft has pleaded not guilty to solicitation of prostitution.

On Wednesday afternoon, Palm Beach County Judge Joseph Marx blocked any
release of the video by prosecutors pending a hearing set for April 29, online
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court records show.
The ruling came just hours after the Palm Beach County State Attorney’s
office filed a notice saying it was compelled by the state’s Public Records Act
to release the video unless the court issued a restraining order.

[More News] Man who fired at fireflies while high on bath salts is
headed to prison »

“Absent a court order, the state will be releasing the requested public records
once it has retrieved and reviewed the records,” the notice said.

“Although (the law) does not include a specific exemption for obscene or
pornographic material, it is the practice of the Office of the State Attorney to
pixelate or blur depictions of obscene or pornographic images before releasing
such records to the public, absent a court order,” it said.

According to prosecutors, Kraft paid for sexual encounters at the spa on back-
to-back days last January.

[More News] Thieves steal tools used to build home for family of
Alaska police officer killed in line of duty »

Kraft’s lawyers have argued release of the video would violate the billionaire
widower’s constitutional right to privacy and could “destroy” his chances of a
fair trial.

“If the videos themselves were to be released to the media, the videos would
be widely broadcast in Palm Beach, and potential jurors would be prematurely
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exposed to the central evidence in this case through the prism of negative
tabloid reporting,” his lawyers said in a letter to the judge dated Tuesday.

“Any dissemination of the videos to the media and consequently to the public
would severely bias any potential jurors against Mr. Kraft and violate his right
to a fair trial,” they argued.

[More News] Thieves steal tools used to build home for family of
Alaska police officer killed in line of duty »

Authorities say Kraft was caught on video paying for sex acts at the day spa on
Jan. 19 and again on Jan. 20 — the same day the Patriots beat the Kansas City
Chiefs in the AFC championship game that sent them to the Super Bowl.

In a statement released last month, Kraft said he was “truly sorry.”

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“In deference to the judicial process, I have remained silent these past several
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 “I would like to use this opportunity to say something that I have wanted to
say for four weeks. I am truly sorry. I know I have hurt and disappointed my
family, my close friends, my co-workers, our fans and many others who
rightfully hold me to a higher standard,” he said.

Kraft said he’s always “tried to do the right thing” in life.

“The last thing I would ever want to do is disrespect another human being. I
have extraordinary respect for women,” he said.

“I hope to regain your confidence and respect,” Kraft said.

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customer during spa visit
A massage therapist accused of sexually assaulting a client during a pampering session at the New
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EXHIBIT B