Ex-chief charged with coverup following raids of Marion County Record and homes
Aug 16, 2024
The raid of the Marion (Kansas) County Record newsroom occurred just over a year ago. At the time, the newspaper world was shaken.
When asked if he thought this was a harbinger of things to come, publisher Eric Meyer said that he feels “it’s evidence of things already here.”
Meyer warns newsrooms across the country are experiencing things like this on various levels.
The weaponization of law enforcement toward journalists is chilling. Journalists are doing their job as neutral observers to report on the actions of all. Allowing government officials to use police powers to deal with perceived grievances flies in the face of the First Amendment.
Reporters should be allowed to do their job without fear of arrest or raids on their office or home.
“It takes courage to work in community journalism because you are part of the community,” Meyer said.
This story galvanized public opinion and raised awareness of the importance of the job they do.
Meyer hopes that the awareness continues, and it makes public officials think twice before they let it happen again.
Coinciding with the anniversary of the raid, the now ex chief of police who coordinated the whole thing has been charged with felony obstruction of justice. Meyer feels that the charges do not really address the raid of his home and office but rather the cover-up afterward.
You can read the story about the former chiefs’ arrest below. Meyer has given fellow NNA-member newspapers permission to reprint.
Hed: Ex-chief charged with coverup (Word doc linked here)
Byline: Phyllis Zorn, Staff writer, Marion (Kansas) County Record
A year and a day after an unprecedented raid on Marion County Record, former Marion Police Chief Gideon Cody formally was charged Monday, Aug. 12, 2024, with interference with judicial process.
The charge is not because he raided the Marion County Record and two homes but because he allegedly tried to cover up communication immediately after the raid.
Interference with judicial process is knowingly or intentionally inducing a witness or informant to withhold or unreasonable delay testimony, information, document, or other thing.
It is a Level 8 felony that could result in five to seven months in prison if Cody has no prior convictions. Sentencing guidelines suggest a year’s probation instead.
A probable-cause affidavit outlining the case that special prosecutors Mark Bennett and Barry Wilkerson have against Cody was not available as of press time. Under state law, such affidavits are not released unless requested and approved. The Record and four other news organizations have filed requests for the affidavit.
Court records indicate that Cody has hired Wichita lawyer Salvatore “Sal” Intagliata to defend him. Intagliata has not formally entered an appearance on Cody’s behalf.
According to the complaint against Cody, between Aug. 11, the day of the raids, and Aug. 17 Cody knowingly or intentionally induced a witness to withhold information.
In a report released last week, special prosecutors indicated the charge was a result of Cody asking restaurateur Kari Newell, whose driving record the Record had verified from a public website, to delete text messages between them.
The complaint lists numerous people, including law enforcement officers at the local and state level, as witnesses.
They include:
- Colorado Bureau of Investigation agents John Zamora and Michael Struwe, who conducted an investigation of the raid.
- Marion officers John Benavidez, who has since left the force, and officer Zach Hudlin, now interim chief of police
- Marion city attorney Brian Bina.
- Marion council members at the time Kevin Burkholder, Zach Collett, Jerry Kline, and Ruth Herbel, and former mayor David Mayfield.
- Former Marion city administrator Brogan Jones.
- Sheriff Jeff Soyez, Undersheriff Larry Starkey, sheriff’s detective Aaron Christner, and former deputy Steven Janzen.
- Fire marshal and part-time officer Chris Mercer.
- Chad Burr, who was not identified in the complaint.
- County attorney Joel Ensey and secretary Cheryl Christensen.
- City computer contractor Lloyd Davies.
- Karen Hurt, who was not identified in the complaint.
- KBI director Tony Mattivi, deputy Robert Jacobs, and agents Bethanie Popejoy, Joby Harrison, and Todd Leeds.
- Court staff members Anita Svoboda and Lauren Legg.
- Record publisher Eric Meyer, former reporter Deb Gruber, and reporter Phyllis Zorn.
- Laura Meyers, who was not identified in the complaint.
- Restaurateur Kari Newell; her estranged husband, Ryan Newell, and former family friends Pam and Roger Maag.
- Ted Smith, who was not identified in the complaint.
The case was assigned to District Judge Ryan Rosauer of Geary County District Court.
To hear more about the state of the First Amendment, join us at the Annual Convention & Trade Show in Omaha, Nebraska
Featured panel: State of the First Amendment in America
Thursday, Sept. 26, 11:30 a.m.-12:30 p.m.
Moderated by NNA Public Policy Manager Lisa McGraw; Panel: Eric Meyer, Marion (Kansas) County Record; NNA legal counsel Tonda Rush; NNA Chair John Galer, The Journal-News, Hillsboro, Illinois; NNA Foundation President Mike Fishman, Citizen Tribune, Morristown, Tennessee (invited); and NNAF Past President Reed Anfinson, Swift County Monitor News, Benson, Minnesota (invited).
