Former Kansas Police Chief to be Charged with Interfering in Judicial Process

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ICARO Media Group
Politics
06/08/2024 21h19

In a significant development following last year's controversial raid on a Kansas newspaper, former police chief Gideon Cody will face charges of interfering with the judicial process for his post-raid actions, according to a 124-page report released by special prosecutors on Monday. The charges against Cody are set to be filed in Marion County District Court.

The report, compiled by Sedgwick County District Attorney Marc Bennett and Riley County Attorney Barry Wilkerson, states that there is probable cause to believe that Cody committed obstruction of justice. Under Kansas law, this offense is defined as knowingly or intentionally inducing a witness or informant to withhold or unreasonably delay the production of testimony, information, or documents. However, the nature of the specific charge has not been elaborated upon by the prosecutors.

The charge against Cody is said to be related to his text exchange with local restaurant owner Kari Newell following the raid. CNN's request for comment from Cody remains unanswered. The former police chief resigned from the Marion Police Department in the weeks that followed the raid.

The 124-page report provides a comprehensive account of the events leading up to, during, and after police executed search warrants at The Marion County Record, the residence of its publisher Eric Meyer, and the home of a local city councilwoman in August 2023. The raid sparked widespread condemnation from numerous news organizations and press freedom advocates, including CNN, who voiced concerns about both its invasiveness and infringements on First Amendment rights.

Initially, the Marion County Sheriff's office justified the raid by stating that it was investigating allegations of identity theft and unlawful acts concerning computers. These allegations stemmed from the belief that reporter Phyllis Zorn had unlawfully obtained Newell's driving records before the newspaper published a story about her. However, less than a week after the raids, Marion County Prosecutor Joel Ensey withdrew the search warrants and requested the return of seized materials, citing insufficient evidence to establish a legally sufficient connection between the alleged crime and the locations searched.

The report by the special prosecutors highlights several concerns, including an inadequate investigation leading up to the raids and raising questions about the motivations behind them. It states that a specter of ulterior motives, personal animus, and conclusions based on assumptions rather than thorough investigation permeates much of the case.

While the prosecutors found insufficient evidence to charge any other law enforcement officers or civilians involved in the raids, they acknowledged that these individuals genuinely believed they were investigating criminal acts based on the available evidence.

The report also touched upon the possibility of charging officers in connection with the death of the newspaper publisher's mother, who passed away a day after the raid. However, the coroner's findings indicated a natural cause of death, with prosecutors determining no evidence to suggest that the officers intended harm or were aware that executing the warrant would lead to her demise.

CNN reached out to the Marion County Sheriff's Office for comment but has yet to receive a response. Responding to Monday's report, Eric Meyer, the newspaper's publisher, expressed mixed sentiments. While pleased that authorities publicly declared their innocence, he criticized the delay in reaching this conclusion. Meyer also emphasized his satisfaction with the acknowledgment that Gideon Cody violated state law, but expressed disappointment that other individuals involved in the case seemingly escaped similar scrutiny.

Currently, there are five ongoing federal lawsuits against Marion officials relating to the raids, including one filed by Meyer and another filed by Zorn, the reporter. In response to the latest development, Zorn stated that the charge against Cody was well-deserved, expressing faith in the eventual delivery of justice.

As the legal proceedings unfold, public outrage continues to grow, with many questioning the failure of certain officials to fulfill the fundamental responsibilities of their positions. This has led to calls for potential changes in state laws to ensure that those responsible for such actions are held accountable.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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