Dispute over transparency comes before trial of former Marion police chief

MARION, Kansas (KWCH) – A dispute over transparency is brewing in a story that garnered national attention. Former Marion Police Chief Gideon Cody, who was charged in connection with the raid on the Marion County Record newspaper last year, is asking a judge not to allow cameras in the courtroom during his trial.

12 News is one of more than a dozen media outlets challenging this claim.

Cody is charged with obstruction of justice in the Marion County Record raid, a minor misdemeanor that carries a maximum sentence of 23 months in prison. People charged with minor misdemeanors do not typically request that cameras be excluded from the courtroom.

Lyndon Vix, the attorney representing media outlets including 12 News, said the request to exclude cameras from the courtroom is common in death penalty cases, but not in cases involving obstruction of justice. He said he is not aware of any case that has gone before an appeals court where it has been said that it is correct for a judge to exclude cameras, particularly for publicity reasons. That is why Cody claims his right to a fair trial would be violated if cameras were present.

Vix said it was important that cameras be allowed to record court proceedings.

“The public needs to see that what happens in courtrooms and in proceedings where people are punished by the state is fair and appropriate so that there is no doubt that our system works,” he said. And yes, the media wants to be able to report on these things. But more importantly, the public needs to be able to see them.”

Vix said if the judge grants Cody's motion, the media would likely not be able to appeal the verdict and cameras would not be allowed in the courtroom.

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