Former Kansas police chief who raided newspaper charged with felony. Here's what to know.

The former police chief of a Kansas town who raided a local newspaper office and the home of its publisher has been charged with a felony crime.

A special prosecutor on the case charged Gideon Cody with one count of interference with judicial process. It is the only criminal charge filed in connection to the Aug. 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 charge is tied to an apparent attempt to coverup what happened, not the actual raids, according to a public report from special prosecutors released last week. The report indicates that the alleged crime stems from text messages between Cody and Kari Newell after the execution of the warrants. Special prosecutors kept their legal analysis of that issue out of their public report.

Why did Marion police raid the Marion County Record?

At the time, Cody was Marion's new police chief. Newspaper owner Eric Meyer emailed Cody about the driving record of Newell, a local restaurant owner who was going through a divorce. While reporter Phyllis Zorn confirmed the driving record through public records available online from the Kansas Department of Revenue, the newspaper decided against publishing a story as they were suspicious that Newell's estranged husband may have been instigating it.

Cody investigated the newspaper for having the driving record, and an officer called the Revenue Department. Officer Zach Hudlin then "reached what appears to have been an honest but mistaken 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 targeting 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 animus and conclusions based not on investigation but rather on assumptions permeates much of this case," the special prosecutors wrote.

Joan Meyer died following raid on her home

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

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

The special prosecutors did not charge the officers who executed the warrant with any crimes and suggested an involuntary manslaughter conviction could be overturned due to hindsight bias.

Prosecutors said that people could assume that Meyer would not have died when she did if not for the execution of the warrants, but presumption is not enough for a criminal conviction. While they said the warrants would not have withstood appellate review, the officers executed the warrant in line with how they typically would and were not reckless.

"There is no evidence to suggest that the officers intended to cause Mrs. Meyer's death, or that they knew that executing the warrant would cause 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 by Kansas statute."

They were less absolute in their language about not charging other people involved in the raid, include Cody and fellow law enforcement officers.

Special prosecutors did not charge the officers due to their actions during the investigation and raids, writing that there was "insufficient evidence" of intention or knowledge of wrongdoing to establish that a crime was committed.

While the special prosecutors were critical of Cody's "inadequate investigation" into the matter, "there is no evidence that Marion law enforcement agents recognized the inadequacy of the investigation." Rather, the local police "genuinely believed they were investigating criminal acts."

The special prosecutors found that the Kansas Bureau of Investigation — which turned over the case to the Colorado Bureau of Investigation once it came to light that the KBI had some level of involvement prior to the raid — had little involvement and "there is no evidence they were responsible for the issuance or execution of the search warrants." They likewise found no evidence of a crime by Magistrate Judge Laura Viar or County Attorney Joel Ensey, who had limited involvement in the search warrant process.

What's the latest in the case?

Cody was charged Monday in Marion County District Court with one count of interference with judicial process. The charge was filed by a special prosecutor, Riley County Attorney Barry Wilkerson.

The criminal complaint alleges that Cody "knowingly or intentionally in any criminal investigation induced a witness to withhold information" in a felony case. The complaint lists multiple witnesses for the state, including Meyer, Zorn and former reporter Deb Gruver.

The charge comes a week after Wilkerson and Sedgwick County District Attorney Marc Bennett, another special prosecutor on the case, issued a 124-page report outlining their findings.

First Amendment protects journalists and more

"Journalists, attorneys, mental health professionals and members of the clergy each have long-recognized privileges in our law rooted in the freedom of religion, freedom of the press and right to legal representation," Bennett and Wilkerson wrote. "When a member of one of these professions becomes a suspect in a crime, law enforcement has the ability to investigate. However, in these situations, it is incumbent on law enforcement to take precautions to limit the scope of their investigation."

The prosecutors said that means investigators should pursue a subpoena or use other methods before seeking a search warrant for a press room, law office, church or mental health professional's office. Search warrants "should be sought only in extraordinary circumstances and with extreme caution."

Jason Alatidd is a Statehouse reporter for The Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd.

This article originally appeared on Topeka Capital-Journal: Former Kansas police chief charged with crime after raiding newspaper