The Green Bay Press-Gazette on Oct. 23 filed motions in Brown County Circuit Court to obtain police records from the Josh Jacobs misdemeanor battery and criminal damage to property case.
Jacobs, a Green Bay Packers running back, and the unidentified victim each filed suit against the Hobart/Lawrence Police Department on Oct. 14 after the department determined that records could be released. Jacobs wants all records sealed. The victim specifically identified a security video taken in Jacobs' garage during the incident.
The Press-Gazette court brief asked for the release of all police records not potentially restricted by state statute, which would be everything except the evidence gathered by search warrant and subpoena. In addition, the Press-Gazette petitioned for the release of a video (that redacts identify of the victim), which was the result of a search warrant and subpoena.
Jacobs pleaded no contest Sept. 10 in Brown County court to misdemeanor battery and criminal damage to property charges stemming from a May 23 incident in Hobart with the ex-girlfriend.
Brown County Judge Marc Hammer said Sept. 24 that Wisconsin open records law favors public access, but it would be up to the Hobart/Lawrence Police Department to apply a balancing test between the rights of the public, the defendant and the victim in deciding whether to release records.
On Oct. 13, the police department said that its review determined that certain records, including those obtained through subpoenas and search warrants, could be released with appropriate redactions. Other records − including police reports, body-worn camera recordings and squad camera recordings − can be released as they are.
However, the police department said that it was "temporarily withholding all responsive records in accordance with the statutory waiting period and any applicable court orders."
Green Bay Press-Gazette Executive Editor Peter Frank said the newsroom filed the motion to advocate for the public's right to public information, including so residents can assess how well the department investigated the matter.
"Our role as a news organization is to advocate for openness," Frank said. "We take steps like this on behalf of our readers and the public and are simply asking the department and court to abide by laws that public records should be available to the public."
Jacobs in his Oct. 14 lawsuit asked for "a permanent injunction, protective order and final order restraining public access to those records." The lawsuit said he supports the victim's desire to keep the records sealed.
"Redaction limited to names or faces would not adequately protect [the victim]. In addition, with today's advanced AI[,] her body shape and other indicia of her identity in the video could lead to identifying her," Jacobs' lawyers said in the lawsuit.
The lawsuit argues that video from inside the home, showing entrances and personal property, could subject Jacobs to robbery and related property crimes because, as a public sports figure, his schedule and travel information can be publicly known.
"Widespread public dissemination of those details would materially increase Plaintiff's vulnerability to theft, burglary, robbery, trespass or other targeted criminal conduct," the suit said.
According to the criminal complaint, police seized video files from a surveillance system. The complaint says Jacobs grabbed the victim and "threw her to the ground and she struck her head, suffering an injury" in the garage. The video footage from the garage shows Jacobs taking the victim's phone while she was on the garage floor and damaging the phone, the complaint said, adding that the video doesn't show any part of the incident inside the residence.
Victim's lawsuit
The victim's lawsuit cited the possibility of harassment, unwanted contact, "reasonably anticipated economic, physical and psychological effects," and a chilling effect among victims and witnesses among the reasons for keeping the records from public view. Given the media attention, releasing the records would "result in widespread dissemination of sensitive victim information," the suit says.
Her lawsuit said it solely concerns the garage security video. "As such, the vast majority of the HLPD's investigative file, including police reports, interviews, and other evidence, are not implicated by this suit. Any interest the public may have in the criminal case and the HLPD's investigation into the Incident is adequately satisfied by those files, without resorting to the highly sensitive garage video, the disclosure of which would force [the victim] to continually re-live the Incident over and over again for little to no reason."
The victim's lawsuit does ask that information in records that would identify her be redacted.
Press-Gazette's response to opening records concern
In its filing, the Press-Gazette said, "The Court can balance the public’s interest in treating [the victim] with dignity, respect, courtesy, sensitivity, and fairness without withholding the Garage Video in its entirety. Instead of withholding the entire record, an intermediate step – blurring [the victim’s] face, and if necessary, her body, in the Garage Video to obscure her identity – is an appropriate means of balancing the competing public interests here. Wisconsin courts have repeatedly stated that redaction is an appropriate means of protecting a victim’s identity and privacy interests."Elsewhere it notes: "Mr. Jacobs speculates that redaction of names or faces would not be enough to preserve [the victim's] anonymity, but he cites nothing in support of that assertion."
Jacobs returns to Packers, but still could be suspended
It is not known how releasing the records, including the garage video, could affect his status with the Packers and the NFL. Ian Rapoport of NFL Network/ESPN reported on Sept. 13 that the NFL wanted to see security video before deciding if Jacobs should be suspended.
Jacobs was on the NFL commissioner's exempt list for the first six games of the season. He could not practice or play with the team, although he could continue to attend meetings and work out. He still received his pay. He was removed from the exempt list on Oct. 19.
Jacobs still could be suspended by the NFL if the league decides his conduct warrants additional action.
Contact Richard Ryman at rryman@usatodayco.com. Follow him on X at @RichRymanPG and on Instagram at @rrymanPG.
This article originally appeared on Green Bay Press-Gazette: Press-Gazette seeks release of records, video in Josh Jacobs case