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Former Kansas police chief charged with raiding newspaper

The former police chief of a Kansas city has been charged with a felony after raiding the offices of a local newspaper and the publisher's home.

A special prosecutor in the case charged Gideon Cody with obstruction of justice, the only charge related to the August 11, 2023 raid on the Marion County Record Office, the home of Eric Meyer and Joan Meyer, and the home of former Vice Mayor Ruth Herbel.

But the charges relate to an apparent attempt to cover up what happened, not the actual raids, according to a public report released last week by special prosecutors. The report states that the alleged crime stemmed from text messages between Cody and Kari Newell after the warrants were executed. The special prosecutors have kept their legal analysis of the matter out of their public report.

Why did the Marion Police Department search Marion County records?

At the time, Cody was Marion's new police chief. Newspaper owner Eric Meyer emailed Cody about the driving history of Newell, a local restaurant owner who was going through a divorce. Although reporter Phyllis Zorn confirmed the driving history using publicly available online Kansas Department of Revenue records, the newspaper decided against publishing an article because it suspected Newell's estranged husband might have instigated the matter.

Cody investigated the newspaper for possessing the driving records, and an officer called the Internal Revenue Service. Officer Zach Hudlin then came to the “seemingly honest but incorrect conclusion that journalist Phyllis Zorn had falsified her name and motives to gain access to the KDOR records.”

The investigation culminated in Cody applying for search warrants for the newspaper.

The raid thrust Marion, a town of about 2,000 people in rural central Kansas, into the national spotlight.

“The specter of ulterior motives, personal animosity, and conclusions based not on investigation but on assumptions permeates much of this case,” the special prosecutors wrote.

Joan Meyer died after an attack on her house

Meyer co-owned the newspaper with his 98-year-old mother, Joan Meyer, who died the day after the raid. Her son blamed the stress of the raid for her death.

Meyer's lawsuit in federal court includes a notice of intent to add a wrongful death claim.

The special prosecutors did not file charges against the officers who executed the arrest warrant, arguing that a manslaughter conviction could be overturned due to hindsight bias.

Prosecutors said it's reasonable to assume Meyer would not have died had the warrants not been executed, but such an assumption is not enough for a criminal conviction. While they said the warrants did not stand up to appellate review, officers executed the warrant in the usual manner and did not act recklessly.

“There is no evidence that the officers intended Ms. Meyer's death or that they knew that executing the warrant would result in her death,” the report said.

Marion County Record cleared of wrongdoing

The special prosecutors cleared Marion County Record employees of any wrongdoing, writing that there was “no evidence … of any crime defined in Kansas law.”

They were less clear in their statement that no charges should be brought against the other people involved in the raid, including Cody and his colleagues.

Because of their actions during the investigation and raids, special prosecutors did not file charges against the officers, writing that there was “insufficient evidence” of intent or knowledge of wrongdoing to prove the commission of a crime.

While the special prosecutors criticized Cody's “inadequate investigation” in the case, “there is no evidence that Marion law enforcement officials recognized the inadequacy of the investigation.” Rather, local police “genuinely believed they were investigating criminal activity.”

The special prosecutors found that the Kansas Bureau of Investigation – which handed the case over to the Colorado Bureau of Investigation when it came to light that the KBI had some involvement before the raid – had little involvement and “there is no evidence that they were responsible for issuing or executing the search warrants.” They also found no evidence of any crime by Judge Laura Viar or District Attorney Joel Ensey, who had only limited involvement in the process of conducting the search.

What's new in this case?

Cody was arraigned on Monday in Marion County District Court on a charge of obstruction of justice. The charges were brought by a special prosecutor, Riley County Prosecutor Barry Wilkerson.

The criminal complaint alleges that Cody “knowingly or intentionally induced a witness in a criminal investigation to withhold information in a criminal proceeding.” The complaint names several state witnesses, including Meyer, Zorn and former reporter Deb Gruver.

The charges were filed a week after Wilkerson and Marc Bennett, Sedgwick County District Attorney and another special prosecutor in the case, released a 124-page report detailing their findings.

The First Amendment to the Constitution protects journalists and more

“Journalists, lawyers, psychologists and clergy have long-recognized privileges in our law rooted in religious freedom, freedom of the press and the right to counsel,” Bennett and Wilkerson wrote. “When a member of any of these professions becomes a suspect, law enforcement has the opportunity to investigate. In these situations, however, it is incumbent upon law enforcement to take precautions to limit the scope of their investigations.”

Prosecutors said that means investigators should seek a subpoena or use other methods before seeking a search warrant for a press room, a law firm, a church or a psychologist's office. Search warrants “should only be sought under exceptional circumstances and with extreme caution.”

Jason Alatidd is a statehouse reporter for the Topeka Capital-Journal. He can be reached by email at [email protected]. Follow him on X @Jason_Alatidd.

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