A week after the judge presiding over the criminal case involving Packers running back Josh Jacobs signed an order temporarily sealing the evidence (including a video of the altercation that prompted a misdemeanor battery charge), the judge declined to sign an order that would have sealed the evidence permanently.
Via Fox 11, the judge rejected a proposed order on procedural grounds, concluding it was in an âÂÂimproper format.âÂÂ
A hearing on the issue has been set for next Thursday. At that point, the judge could decide to grant the request, made by the victimâÂÂs lawyer, to permanently seal the evidence.
The NFL wants to see the video, as part of the effort to determine the proper discipline to be imposed on Jacobs under the Personal Conduct Policy. The leagueâÂÂs inability to get access to the video underscores the flaws in its in-house justice system.
The NFL doesnâÂÂt have the power that a court of law possesses. It canâÂÂt compel witnesses to cooperate. It canâÂÂt subpoena records. It possibly will be stymied by a court order blocking access to important evidence.
The league should nevertheless attempt to secure the ability to review the video, subject to the requirement of a protective order. ItâÂÂs possible to balance the victimâÂÂs privacy rights with the NFLâÂÂs desire to ensure that it has the ability to effectively and accurately assess a proper penalty on Jacobs.