The judge has lifted the ban on the records, but it comes with a catch
NJ.com has reported that a New Jersey judge has decided to lift the temporary ban on releasing records regarding the Gaudreau Brothers accident. The hearing took place on Wednesday.
The hearing was originally scheduled for Tuesday but was postponed for a day.
However, the judge deciding to lift the ban does come with a caveat. Per the NJ.com report, "government agencies agreed to share any video, 911 calls or other records requested by the media with the Gaudreau family to allow them time to decide if they want to object to their release under state laws protecting the privacy of crime victims." This does give the Gaudreau family some power regarding the situation.
Salem County, where the accident occurred, and the New Jersey State Police told the court on Wednesday that they would talk to the Gaudreau family after getting records requests. The family would then decide if they wanted to take advantage of the state laws protecting their privacy.
The records could still be released by the agencies who are asked to provide the records, but they would need to be redacted. They could also deny the requests altogether.
Per the Gaudreau's lawyer, “My great fear is that body cam footage or 911 tape is going to be released without my clients having the opportunity to have expressed their privacy interests and their objection to the production of said material."
Salem County says that the 911 calls contain “graphic and disturbing” content, which includes audio of someone who tried to help the brothers at the scene.
“A portion of the audio contains content that is particularly disturbing as one of the motorists attempts to render aid,” says Salem County Attorney Karin Wood. If any audio is released, that part of the call will be taken out. Wood also says that the family and 911 callers oppose the release of any audio.
The judge in the case, Superior Court Judge Timothy Chell, says that the ban was lifted because "the OPRA system isn’t set up for a judge to micromanage the process."
This outcome is far better than the judge lifting all bans so that any media outlet can easily get the records. This gives the Gaudreau family the power to protect their privacy and keep any photos or audio off of the internet.
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