The Marion County Record police raids
Article/Criminal Justice and Media
Updated 08/14/2023 to provide more information on Chief Gideon Cody.
MARION - On the morning of Friday, August 11, local police in Marion, KS raided the office of the Marion County Record as well as the newspaper’s reporters and publisher’s homes; seizing computers, cellphones, and reporting materials. This story became international news, with the story becoming even more tragic over the weekend after the co-owner of the paper, 98-year-old Joan Meyer, collapsed and died at her home on Saturday afternoon following the raids. The newspaper, originally coming out with an article the same day as the raid which gave firsthand account information, updated the article in the early morning hours of Sunday the 13th, informing readers of Meyer’s passing, stating the raid contributed to her death.
The Timeline
A timeline of events leading up to the raid was created by 12 News with confirmation from Marion County Record owner Eric Meyer, son of Joan Meyer, Kari Newell, and the Marion County Police Department.
Tuesday, August 1:
Marion Police posted to Facebook about a public forum for Congressman Jake LaTurner at a local Marion restaurant, Kari’s Kitchen.
Marion County Record owner Eric Meyer said he and staff were told to leave public forum by Marion Police Chief Gideon Cody at the request of restaurant owner Kari Newell.
Wednesday, August 2:
Meyer said Record’s reporter received Facebook message from a source alleging Newell was driving without a license and had a prior DUI conviction. Paper said it looked into these claims due to an upcoming vote on Newell garnering a liquor license. Kansas law states you can’t have a felony DUI conviction to obtain a liquor license. You must also have a state driver’s license.
Friday, August 4:
Meyer said he sent a note with the Record’s findings to Chief Cody. Meyer said the paper didn’t plan on publishing the findings.
Meyer said City of Marion Vice Mayor Ruth Herbal asked the Record to send her the information they had obtained about Newell because the city council was set to vote on the approval of her liquor license.
Monday, August 7:
City council approves liquor license in four to one vote.
At the meeting, Newell claims the Record obtained her personal information illegally and shared it with the Vice Mayor. In her official statement to 12 News, Newell said she believes the paper accessed her information through a piece of her mail from the Kansas Department of Revenue. She reported that to police.
Wednesday, August 9:
The Record published article about the accusations and council meeting.
Friday, August 11:
Marion County Court Magistrate Judge Laura Viar signed search warrant that alleges violations of identity theft and “unlawful acts concerning computers” regarding Newell.
The Marion Police Department, with assistance from the Marion County Sheriff’s Office, raid Meyer’s home, Herbal’s home and the Marion County Record’s office obtaining computers, cell phones and reporting materials.
It is important to note that some of the above information is either different than the reporting from the Marion County Record or isn’t as specific as the reporting from the Marion County Record.
One of the big differences is from Friday, August 4 where it’s stated that the “City of Marion Vice Mayor Ruth Herbal asked the Record to send her the information they had obtained about Newell.” However, in the reporting from the Record, it states that the information was “provided by a source who sent it to the newspaper via social media and also sent it to Herbel.” (Names are spelled differently according to reporting). This is further reinstated at the end of the same article where they state, “Herbel said she had received the information from the same source as the Record.” The Record’s reporting also states Herbel shared the information with only one person, city administrator Brogan Jones due to the fact that Newell was on “that day’s agenda to seek endorsement of a request for a liquor license.”
The Record also did verify the information on Newell and did decide not to publish. Further information provides extra insight with Eric Meyer believing “the information had been intentionally leaked to the newspaper as part of legal sparring between Newell and her estranged husband.”
The Record’s reporting also provides further detail into Newell’s legal record, having the state suspend her license “because of a drunken driving conviction in 2008 and a series of other driving convictions.” Newell also claimed she took care of her license the week of the vote, but that was not verified. She also admitted that all the information found on her was true.
The reporting also states that “Herbel told Jones she thought the police should investigate Newell’s application.”
The Record also reported the following in their article:
“Legal experts contacted by the Record termed the raid unheard of in America and reminiscent of what occurs in totalitarian regimes and the Third World.
“The Record is expected to file a federal suit against the City of Marion and those involved in the search, which legal experts contacted were unanimous in saying violated multiple state and federal laws, including the U.S. Constitution, and multiple court rulings.”
Eric Meyer stated that they want to make sure that no other news organization is ever exposed to the “Gestapo tactics” they witnessed, and that they will be seeking “the maximum sanctions possible under the law.”
The Marion Police Department
The Marion Police Department released a statement on Facebook regarding the raid, stating:
“The Marion Kansas Police Department has has several inquiries regarding an ongoing investigation. As much as I would like to give everyone details on a criminal investigation I cannot. I believe when the rest of the story is available to the public, the judicial system that is being questioned will be vindicated. I appreciate all the assistance from all the State and Local investigators along with the entire judicial process thus far. Speaking in generalities, the federal Privacy Protection Act, 42 U.S.C. §§ 2000aa-2000aa-12, does protect journalists from most searches of newsrooms by federal and state law enforcement officials. It is true that in most cases, it requires police to use subpoenas, rather than search warrants, to search the premises of journalists unless they themselves are suspects in the offense that is the subject of the search. The Act requires criminal investigators to get a subpoena instead of a search warrant when seeking “work product materials” and “documentary materials” from the press, except in circumstances, including: (1) when there is reason to believe the journalist is taking part in the underlying wrongdoing. The Marion Kansas Police Department believes it is the fundamental duty of the police is to ensure the safety, security, and well-being of all members of the public. This commitment must remain steadfast and unbiased, unaffected by political or media influences, in order to uphold the principles of justice, equal protection, and the rule of law for everyone in the community. The victim asks that we do all the law allows to ensure justice is served. The Marion Kansas Police Department will nothing less.”
This statement received a lot of criticism. There are over 2,000 comments, and finding a positive one was possible….
However, the vast majority of comments were going against the police department.
There are some interesting things that should be noted about the police department in this case, as some of them were very new. The department has five officers, all of whom were part of the raid. As it turns out, according to a Facebook post on the Marion Police Facebook page, Chief Cody was sworn in as Chief on the night of May 30, 2023—meaning he hasn’t even been Chief for three months. However, Chief Cody is not an inexperienced officer, having left the Kansas City Police Department as a captain after 24 years. In fact, prior to the raids, he was being actively investigated by the newspaper after having “received multiple tips alleging he’d retired from his previous job to avoid demotion and punishment over alleged sexual misconduct charges.”
In another Facebook post from July 27, 2023, Chief Cody states, “We have hired two officers and expect to be fully staffed by the 08/10/2023.” Literally, the day before the raid.
It is unclear as to who these new officers are. There are four police officers mentioned on the city website including Chief Cody, Duane McCarty, Zach Hudlin, and part-time officer Chris Mercer. There is a fifth officer named on the Marion Police Facebook page Officer Jonathon Benavidez who was welcomed onto the “team” on July 25, 2023—not even three weeks before the raid. He does have experience in this field, having worked for the Marion County Jail as well as having served 14 years in the United States Army including combat 3 tours in the Middle East. According to previous Facebook posts, McCarty and Hudlin are not new, McCarty, specifically, serving as Interim Chief for six months before Chief Cody stepped into his role in May.
The Kansas Bureau of Investigations (KBI)
According to News 12, “Kansas Bureau of Investigations Communications Director Melissa Underwood confirmed it’s involved in the investigation of the allegations in a statement:
“The Marion Police Department and the Marion County Attorney asked the Kansas Bureau of Investigation (KBI) to join an investigation into allegations of illegal access and dissemination of confidential criminal justice information. The KBI assigned an agent to this case last Tuesday, and has been assisting since that time. The KBI agent did not apply for the search warrants in question, and he was not present when the warrants were served.
“Director Mattivi believes very strongly that freedom of the press is a vanguard of American democracy. Without free speech and a free press, our society is not likely to see appropriate accountability of public officials. But another principle of our free society is equal application of the law. The KBI is entrusted to investigate credible allegations of illegal activity without fear or favor. In order to investigate and gather facts, the KBI commonly executes search warrants on police departments, sheriff’s offices, and at city, county and state offices. We have investigated those who work at schools, churches and at all levels of public service. No one is above the law, whether a public official or a representative of the media.”
This statement did not land well, especially with members of the media.
U.S. Rep. Jake LaTurner
A couple of people were looking at U.S. Rep. Jake LaTurner (R-KS) who was visiting just days before the raid. A lot of people being suspicious of the congressman.
However, State Rep. Nick Hoheisel (R-Wichita) was really coming to U.S. Rep. LaTurner’s defense on X (formerly known as ‘Twitter’).
Newell’s Statement
Newell seems to be one of the most troubling people in this case outside of law enforcement, however, it is important to hear her side out, too. She declined an interview with 12 News, but did provide an official statement:
“I am not a lawyer or journalist but even I am capable of understanding logic and utilizing Google. It’s truly beyond me how people think I alone am capable of having a newspaper raided. Even in small town America we have the same processes any larger city does to make this happen. I am not the one that incited the investigation, the police department and a council member made me aware my information was compromised and being sent out to others. It was originally investigated as mail theft until they were able to determine that rather, my personal information was used to impersonate me to gain the information. (Identify theft) . This isn’t a civil situation it is criminal and the state is going forward with a full investigation. Drivers Privacy Protection act... look it up. It is in all 50 states and is FEDERAL law. My personal information was illegaly obtained, illegally shared, illegally held. Further, it wasn’t my driving record but rather a piece of mail addressed to ME from the kansas department of revenue that disclosed my address, DL# and DOB. They then used the information on the letter as credentials to access my private files. Again, Identify theft. I was in no way concerned about a 15 year old DUI getting out, nor information I had driven without a license. I have a license currently. That was simply a click bait move to incite a skewed opinion in the case. Federal protection act does not apply when the media outlet being searched is being investigated for the crimes committed. It is a protection in place to keep raids from occurring to obtain evidence in a criminal case they are NOT a part of. Media is not exempt from the laws they blast others for not following. Unethical journalism 101. Again, I am eligible for a liquor license, as the dui was 15 years ago and on a diversion. There was no accident and no injury involved. No subsequent alcohol infractions have occurred. No felonies and zero non traffic violations criminal or otherwise. While a dui is public information, my personal information is not. The police were simply doing their job, it takes MULTIPLE people within a process to get a search warrant. No single person is capable of making that call. From KBI down to local police and everyone in-between it had to be approved and signed off on. This particular paper has a LONG standing reputation of contortion. Our local community by large is FED up. A quick search and you’ll see several posts and comments supporting that very statement. I am I’m no way involved romantically or otherwise with ANYONE within the department or anywhere for that matter. There was no bribery of any sort, I’m not certain where that rumor even got any traction. The Slanderous claims and defamation are amuck. This goes beyond the newspaper, a local city council member was involved. Misuse of office and abuse of power. The confidential informant that the paper speaks of is tied to my soon to be ex husband and in a unified attempted to gain leverage in divorce proceedings. If this was your Driver’s license number, your address, date of birth, social security number; would you be comfortable with that information laying on someone’s desk who should not have that information? How about if they downloaded it illegally? Shared it with others that have absolutely zero ties or interest in my information? The victim shaming culture is sad and an injustice. I have received false reviews, nasty hateful messages and comments and borderline threats. The sheer amount of defamation and slander is overwhelming. Going after my kids is disgusting and intolerable. In full transparency, providing the final criminal outcome and potential civil suit arising, I will release any evidence I am able to at the conclusion.”
This investigation is currently ongoing.
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An in depth account. Thanks, Ian!