Brown County Circuit Judge Marc Hammer ended his temporary seal Thursday on records in Josh Jacobs's domestic-violence criminal case. But that doesn't mean the records, which includes video showing the Green Bay Packers running back throwing his ex-girlfriend to the ground, will immediately become public. Though Hammer unsealed the files, he also had strong words of caution for those who will decide what is released.
"Our [state] Constitution provides in part that crime victims are entitled to rights," Hammer said, "to be treated with dignity, respect, courtesy, sensitivity, and fairness."
Jacobs pleaded no contest earlier this month to one count of misdemeanor battery and one count of misdemeanor criminal damage to property. Police arrested him in May after they responded to a phone call reporting a disturbance between a man and a woman. When officers talked to the woman, she told them that she and Jacobs had been in a fight and, per police records, he "grabbed her and threw her to the ground and she struck her head, suffering an injury."
Police records said this happened in the area of Jacobs's garage, and cameras recorded footage that corroborated what the woman told law enforcement.
Since the NFL season began, Jacobs has been on what is essentially paid leave via being on the commissioner's exempt list.
Earlier this month, the woman asked the court to permanently seal the video. Her request, as described by the judge Thursday, said its release would "threaten the victim's privacy, dignity, personal security, emotional wellbeing, and ability to safely participate in this case and in related cases." Her request also invoked Marsy's Law, which amended the state's constitution to grant certain rights to all victims of crime in Wisconsin.
It was this request that Hammer denied on Thursday. However, Hammer made clear his denial was on procedural grounds, as he believed the state's public record law required a different process.
"My concern is I think that the appropriate venue to address a permanent seal order, that goes beyond the confines of the court record," Hammer said, "may be more appropriately addressed with a public record request."
Hammer's seal ends Friday. After that, any person can make a public records request for the case file to Hobart/Lawrence police. When determining whether to release the records, police also have the responsibility of conducting a balancing test, deciding the importance of the records to the public interest versus possible harm done by them to the public interest.
It was this balancing test, Hammer said, that must happen first. And it had to be done by the custodian of the records, not himself.
As part of their process, the police also will have to notify the woman and Jacobs of their decision. Both will then have a right to appeal the decision made if they disagree with it. That appeal would go to court.
But Hammer did not end his ruling there. The judge added that he had consulted with public record guidelines from the state's attorney general before making his decision. And his research indicated to him that the rights of crime victims and their families must be considered as part of the balancing test.
"This court and the village will recognize the right to privacy and dignity for crime victims and their families," he said, "as required by our Constitution."
Hammer concluded the hearing by telling law enforcement that all previous public records requests, which had been denied due to his seal, would be considered closed. But starting Friday, they must address new requests.
