Former Kansas Police Chief to be Charged with Interference in Raid on Local Newspaper
ICARO Media Group
In a significant development, former Marion, Kansas police chief, Gideon Cody, will be facing charges of interference with the judicial process, a felony, for his role in ordering a raid on The Marion County Record last year. This latest announcement was made by prosecutors on Monday, marking a major turning point in the controversial case.
Cody, who served as the chief of police in Marion, will be the sole individual charged in connection with the raid on the town's weekly newspaper, which took place on August 11, 2023. According to a detailed 124-page report released by two special prosecutors, there is no evidence to suggest that any other local police officers, county sheriff's deputies, or newspaper staff members committed any crimes during the incident.
The raid garnered national attention and drew widespread condemnation from experts in First Amendment rights, thrusting the small town of Marion, with its population of less than 2,000 people, into the spotlight. It also led to multiple civil lawsuits, including one filed by former reporter Deb Gruver against Cody and others. Gruver alleged that Cody injured her hand while confiscating her personal cellphone during the raid, resulting in a $235,000 settlement in June.
Initially, authorities claimed that the raid was part of an investigation into how The Marion County Record obtained and handled the driving record of local restaurateur Kari Newell. However, the recently released report concluded that no laws had been violated in obtaining the record.
Just days after the raid, Marion County's top prosecutor, Joel Ensey, stated that there was insufficient evidence to support the search, and all materials and devices seized during the operation would be returned. The Reporters Committee for Freedom of the Press, along with over 30 news organizations, including The New York Times, expressed their criticism of the raid, warning of potential implications for the free flow of information in the public interest.
To review the case thoroughly, Marc Bennett, the Sedgwick County district attorney, and Barry Wilkerson, the Riley County attorney, were appointed as special prosecutors by Ensey. The prosecutors' report highlighted an inadequate investigation conducted by the Marion police before securing warrants to search the newspaper office and the home of Eric Meyer, the newspaper's publisher and editor. However, it found no evidence suggesting intentional deception of other law enforcement agents or the court by Marion law enforcement officials.
The report revealed that Cody will be charged for actions taken after the raid was conducted. It indicated that on September 29, 2023, Brogan Jones, the Marion city administrator, received phone calls from city attorneys, alerting him to Cody instructing Kari Newell to delete text messages exchanged between them. Cody was subsequently placed on administrative leave that very day and eventually resigned on October 2.
According to an email from Bennett's office, Cody is expected to be charged with interference in the judicial process, a felony carrying a maximum penalty of 23 months in prison for defendants without prior convictions. However, lighter sentences may be considered as well.
Attempts to reach Cody for comment were unsuccessful, while two lawyers representing him in the lawsuit filed by Deb Gruver declined to provide any statements. Emily Bradbury, the executive director of the Kansas Press Association, hailed the prosecutors' report, emphasizing that it conclusively determined that the reporters involved had acted within the bounds of the law. She deemed the pending charges against Cody as a crucial step towards accountability and justice.
Phyllis Zorn, a reporter at The Marion County Record who is also suing Cody and others, expressed relief upon the release of the report. "There have been times over the last year when I was worried because there were so many law enforcement officers lined up against me," Zorn shared in an interview. "But I had faith that eventually justice will be done."
Regarding the death of Eric Meyer's mother, Joan Meyer, a day after the raid, the report concluded that no charges would be filed. The coroner determined that her death, resulting from sudden cardiac arrest, was natural and that she had found the raid extremely upsetting. The report found no evidence suggesting the officers had any intention to cause Joan Meyer's death or knowledge that executing the warrants would lead to such an outcome.
Eric Meyer stated in an interview on Monday that he is still pursuing legal action against the police, the sheriff, and others on behalf of his mother's death and the raid on The Marion County Record.
As legal proceedings continue, the residents of Marion eagerly await the resolution of this high-profile case, hoping for a just and fair outcome.