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Marion Police Chief Gideon Cody Faces Charges Over Controversial Raids

By ChromeTuna aug 13, 2024
Marion, KS — August 13, 2024 — Marion Police Chief Gideon Cody is facing legal charges related to a series of controversial raids that took place last year, targeting the Marion County Record newspaper office and the homes of the publication’s publisher and a former city council member. The raids, which have sparked widespread criticism and legal scrutiny, have now led to formal charges against Cody.

The incidents in question occurred in August 2023, when police conducted searches at the offices of the Marion County Record and the residences of publisher Eric Meyer and former city council member Lynn C. Riddle. The raids were initially justified on the grounds of investigating alleged violations related to an ongoing probe into local election irregularities. However, the raids quickly drew criticism from civil liberties advocates and media organizations who argued that they were an overreach and an infringement on press freedoms.

According to reports from The Kansas City Star, Chief Cody has been charged with multiple counts, including unlawful search and seizure, abuse of power, and misconduct. These charges stem from allegations that Cody and his department exceeded legal boundaries during the raids, targeting the media outlet and individuals associated with it in a manner that many view as retaliatory and unjustified. Kansas City Star Report.

The raids have been controversial for several reasons. Critics argue that they represented an attack on journalistic integrity and freedom, particularly as they followed the publication of investigative pieces by the Marion County Record that were critical of local government practices. The American Civil Liberties Union (ACLU) has weighed in, condemning the actions as a severe violation of constitutional rights. The ACLU’s response to the raids can be found in their statement here: ACLU Statement.

In response to the charges, Chief Cody has maintained that the actions taken were within the bounds of the law and necessary for the investigation. His legal team has expressed confidence that the charges will be disproven, framing the situation as a misunderstanding rather than intentional misconduct. The defense’s perspective and statements can be read in the report by The Topeka Capital-Journal: Topeka Capital-Journal Article.

The Marion County Record has continued to report on the situation, providing ongoing updates as the legal process unfolds. Meyer and Riddle have publicly condemned the raids and the charges against Cody, calling for transparency and accountability in the handling of the case. Their statements and updates are detailed in their coverage here: Marion County Record.

The legal proceedings against Chief Cody are expected to be closely watched by media and civil rights groups alike, as they could set significant precedents regarding the limits of law enforcement power and the protection of journalistic freedom. As the case progresses, further details and developments are anticipated to emerge, potentially influencing the broader discourse on press freedom and police conduct in the United States.

References:

Marion County Record – Marion County Record

Former Marion police chief charged with witness interference after raid on Kansas newspaper

The Kansas City Star – Kansas City Star Report

ACLU – ACLU Statement

Topeka Capital-Journal – Topeka Capital-Journal Article

Also see this article and VIDEOS from WIBW in Topeka

Former Marion police chief charged in connection with newspaper raid

Special prosecutors’ report on Marion County newspaper raid

2:21

Report details raid, grounds for charge against former Marion police chief

WIBW with VIDEO

Former Marion police chief will face criminal charge in newspaper raid

By Matt Heilman

Published: Aug. 12, 2024 at 10:35 PM CDT

MARION, Kan. (KWCH) – Former Marion Police Chief Gideon Cody faces charges in connection with last year’s raids on the Marion County Record newspaper office and the homes of the newspaper’s publisher and a former city council member.

In Marion County, Cody is charged with interfering with a judicial procedure, inducing a witness to withhold or delay information in a felony case. On the civil side, Cody is among several facing lawsuits in connection with the raids.

Last week, Sedgwick County District Attorney Marc Bennett and Riley County Attorney Barry Wilkerson, appointed special prosecutors in the case. The final report on the case from Bennett and Wilkerson said that Cody would be charged with obstruction of judicial process, a severity level 8, nonperson felony. Cody faces between seven and 23 months in prison if convicted.

The Marion County attorney appointed Wilkerson to be the lead prosecutor on this case.

Last August, Cody initiated a raid on the Marion County Record, the home of publisher Eric Meyer and the home of a then-city council member Ruth Herbal, who had been critical of the mayor.

At the time, Cody said he had evidence that the newspaper, reporter Phyllis Zorn, and the city council member had committed identity theft or other computer crimes in obtaining information about a local business owner’s driving record. His targets said they did nothing illegal, and no charges were ever filed.

Cody resigned in October, a week after an announcement during a city council meeting that he had been suspended.

Copyright 2024 KWCH. All rights reserved. To report a correction or typo, please email news@kwch.com

     
Also read this article from The Kansas Reflector.
https://kansasreflector.com/2024/08/13/former-marion-police-chief-charged-with-witness-interference-after-raid-on-kansas-newspaper/

 Front pages of the post-raid edition of the Marion County Record are displayed July 25, 2024, on the front window of the newspaper office. The page read: “Seized … but not silenced.” (Grace Hills/Kansas Reflector)

TOPEKA — A special prosecutor in court documents filed Tuesday says former Marion Police Chief Gideon Cody “induced a witness to withhold information” in the days after Cody led a raid on a newspaper office, the publisher’s home and the home of a city councilwoman.

Special prosecutor Barry Wilkerson, of Riley County, charged Cody with interference with judicial process, a low-level felony, in Marion County District Court. If convicted, the presumed sentence would be probation.

Wilkerson and special prosecutor Marc Bennett, of Sedgwick County, announced last week they would file the charge against Cody. But they determined Cody and other officials didn’t break the law by planning and conducting an illegal and unconstitutional raid.

The prosecutors wrote that Cody, his officers, Sheriff Jeff Soyez and his deputies, Kansas Bureau of Investigation agents, County Attorney Joel Ensey and Magistrate Judge Laura Viar didn’t realize their “inadequacy” in accusing journalists and a political outcast of committing identity theft because they obtained Kari Newell’s driving record — a public document.

Newell wanted a liquor license for her restaurant, but her driving record showed she had a DUI and suspended driving license. Five federal lawsuits accuse Cody, with support from Mayor David Mayfield, of spearheading an investigation into Marion County Record reporter Phyllis Zorn, publisher Eric Meyer and Councilwoman Ruth Herbel.

On Aug. 11, 2023, Cody led the raids of the newsroom, Herbel’s home, and the home where Meyer lived with his 98-year-old mother, Joan Meyer, who co-owned the newspaper with her son. Body camera video shows Joan Meyer cursing at and confronting the officers in her home. She died the next day from a stress-induced heart attack.

Wilkerson and Bennett said in their report they would not hold police responsible for her death.

Cody resigned in October after KSHB-TV reported he had instructed Newell to delete text messages the two had exchanged. Wilkerson and Bennett’s report said Cody’s actions regarding text messages would provide the basis for a criminal charge.

The complaint filed Tuesday identifies 37 witnesses, including law enforcement, city leaders, journalists and Newell.

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Chrome Tuna

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https://chrometuna.com

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