Prosecutors: Kansas Police Chief Broke the Law in Newspaper Raid

Marion, Kansas – Recent Findings

In a surprising twist to a controversial raid on the Marion County Record newspaper, district attorneys from Sedgwick and Riley Counties have cleared the newspaper's staff of any criminal activity. They assert that the police chief who spearheaded the operation violated the law by obstructing their investigation.

Background of the Raid

Back in August, Marion County officers, under the guidance of former Marion Police Chief Gideon Cody, executed search warrants at the Marion County Record's office, the home of editor Eric Meyer, and reporter Phyllis Zorn’s residence. The warrants were issued based on suspicions that the newspaper staff had unlawfully obtained the driving record of a local restaurant owner.

Investigation Outcomes

The investigation revealed that the newspaper staff had not committed any illegal acts. The district attorneys' report emphasized that the driving record, initially provided by a source, was legally accessed through the Kansas Department of Revenue's website with help from a department employee. The prosecutors stated, “Phyllis Zorn committed no crime under Kansas law when she obtained the driving record of Kari Newell.” They also confirmed that Meyer had not committed any criminal acts. The report further clarified that the estranged husband of restaurant owner and Marion County Councilwoman Ruth Herbel, along with another local woman who passed the driving record to Zorn and Herbel, did not break any laws. The driving record was publicly accessible, unaltered, and not used fraudulently.

Criticism of the Investigative Process

Prosecutors criticized the investigative process leading to the raid, pointing out that Marion County officers misunderstood how the Kansas Department of Revenue website worked. The officers did not wait for the Kansas Bureau of Investigation's analysis before proceeding with the warrants. The prosecutors determined that the warrants were the result of a rushed investigative process that hinged on an apparent misconception by Marion County officers about how the Kansas Department of Revenue website worked. The process included not waiting for the Kansas Bureau of Investigation, which had been consulted by Cody, to analyze the allegations before seeking and carrying out the warrants.

Prosecutors' Opinion

Prosecutors said there was no evidence that Cody or the officers committed crimes in crafting and executing the warrants because they believed that the law had been broken. However, they did conclude that Cody obstructed justice - for which he could be charged with either a felony or a misdemeanor. Seth Stern, director of the Freedom of the Press Foundation, argued that Cody should face additional charges. “The raid itself was criminal,” Stern stated. “And Cody is far from the only one at fault here.”

Bottom Line

This case raises important questions about the balance between law enforcement's duty to investigate potential crimes and the rights of the press. It also highlights the potential for misuse of power and the importance of thorough, accurate investigations. What are your thoughts on this matter? Do you think the police chief should face additional charges? Share this article with your friends and discuss. Don't forget to sign up for the Daily Briefing, every day at 6pm.