The cell-phone video that dominated the recent trial of former Gophers football player Dominic Jones has been sealed from public view.
Hennepin County District Judge Marilyn Rosenbaum released a one-page order today sealing the video and the still-frame photographs taken from it. The order does not explain her decision. She referred questions to a court spokeswoman.
The video was recovered by the U.S. Secret Service from the cell phone of former Gophers football player Alex Daniels. The judge also sealed 21 still frames shown to jurors from the video as well as an index of still frames.
The 30-second video showed Jones masturbating over the face of an unresponsive woman. He was convicted last week of fourth-degree criminal sexual conduct. He was acquitted of a rape charge.
During deliberations over three days, the jury asked to see the video in frame-by-frame fashion. At trial, prosecutors argued the video showed a woman who was passed out from too much drinking and unable to consent to sex or a sexual act. The defense argued the woman consented.
Paul Hannah, a First Amendment lawyer, said the video played an "extraordinary role" in jury deliberations. "It's a very serious matter whenever our courts start closing their doors, sealing their files and making it more difficult to understand what happens in courtrooms," he said.
A spokeswoman for the county attorney's office said the decision to close the file was made by Rosenbaum. Defense lawyer Earl Gray also said he didn't seek the order to seal.
Several news organizations, including the Star Tribune, sought access to the video after the trial. KARE-11 news director Tom Lindner said he is uncertain whether the television station will challenge the order. "The trend to prevent information from becoming public is troubling," he said.
