As the Green Bay Packers prepare for their sixth consecutive NFL game this season without star running back Josh Jacobs, neither the team nor the NFL have offered updates on Jacobs' return, and Wisconsin police are temporarily withholding video that could aid the league's investigation.
Jacobs was arrested after a domestic dispute with his ex-girlfriend at his home in May and ultimately charged with two misdemeanors, one for battery and one for criminal damage to property. Although he reached a plea deal in September, Jacobs remains on the NFL commissioner's exempt list, a form of paid leave that prohibits him from practicing or attending games, while the league determines Jacobs' potential punishment under the league's player code of conduct.
Packers head coach Matt LaFleur said on Oct. 12 the team had received no updates from the league on Jacobs' status. That same day, an NFL spokesperson told USA TODAY Sports in an email, "The matter remains under review of the personal conduct policy. There’s no timeline."
Meanwhile, Wisconsin police are delaying the release of video evidence cited in the criminal investigation into Jacobs' alleged domestic assault to requesting parties, including the NFL and USA TODAY Sports.
Josh Jacobs video unsealed but unreleased
Jacobs' ex-girlfriend had asked the court to seal all evidence in the case, including surveillance camera footage of the May 23 incident. But on Sept. 24, Brown Circuit County Court Judge Marc Hammer lifted the temporary seal order and ruled that the Hobart-Lawrence Police Department had discretion, "to apply a balancing test between the rights of the public, the defendant and the victim in deciding whether to release the records."
USA TODAY Sports submitted a public records request for the video to the Hobart-Lawrence Police Department on Sept. 28. In a letter to USA TODAY Sports dated Oct. 13, Hobart-Lawrence police chief Michael Renkas wrote that police determined they could release some records with "appropriate redactions," but cannot not do so yet because attorneys for the record subjects – presumably Jacobs and his ex-girlfriend – intend to seek judicial orders restraining disclosure.
"Accordingly, the Department is temporarily withholding all responsive records in accordance with the statutory waiting period and any applicable court orders," Renkas wrote. "This temporary hold does not constitute a denial of your request or a reversal of the Department's balancing-test determination."
The NFL also reportedly filed a public records request seeking access to the video, according to NFL Network's Ian Rapoport.
According to Renkas' letter, Hobart-Lawrence police also "provided courtesy notification of its intent to release additional records, including police reports, body-worn camera recordings, and squad camera recordings" in Jacobs' case.
Renkas cited a statute in Wisconsin state law, § 19.356, concerning records obtained through subpoenas and search warrants. The law requires authorities to inform people in writing within three days after making the decision to permit access to such records pertaining to them. The record subject then has 10 days to file a court order seeking to restrict access to the records, and if they do so, the authority cannot release the records until the court's final decision, which could take up to 30 days and is subject to appeal.
Wisconsin does not have a strict statutory deadline for responding to public records request, instead mandating that agencies must fulfill or deny a request "as soon as practicable and without delay."
Jacobs' ex-girlfriend's attorneys previously argued that the sealing of evidence is within her rights under Marsy's Law – a recently added amendment to Wisconsin's state constitution that gives additional rights to victims of a crime – to protect privacy, dignity and safety.
Will the NFL suspend Josh Jacobs?
According to the NFL's 2025 personal conduct policy, players can be subject to discipline by the league even if their conduct does not result in criminal charges or a conviction.
The NFL conducts its own investigation separate from law enforcement and attempts to interview all parties, including alleged victims, though the league does not have subpoena power and cannot force cooperation from people who are not players or league employees.
Sometimes, delays in legal proceedings or the release of law enforcement records can slow down the NFL's investigatory process – as is the case in Jacobs' situation.
A standard suspension for a domestic violence case is six games, according to the collective bargaining agreement between the NFL and NFLPA, but suspensions can be longer depending on the severity of the case.
Jacobs has been on the commissioner's exempt list since Aug. 30. His time on the commissioner's exempt list could retroactively count toward a suspension if the NFL decides to impose one as punishment after its investigation concludes.
This article originally appeared on USA TODAY: Packers RB Josh Jacobs' status in limbo as video release delayed
