Former Kansas police chief will face criminal charge after raid on newspaper, prosecutors say

Amy Simonson, Eric Levenson and Whitney Wild, CNN

(CNN) — The erstwhile constabulary main who led a ambush past twelvemonth connected a mini Kansas newspaper will beryllium charged pinch interfering pinch nan judicial process for actions he took aft nan raid, typical prosecutors announced successful a study Monday.

The complaint against Gideon Cody will beryllium revenge successful Marion County District Court, according to nan 124-page study from Sedgwick County District Attorney Marc Bennett and Riley County Attorney Barry Wilkerson.

The study says nan prosecutors recovered probable origin that Cody “committed nan crime of obstruction of justice,” defined nether Kansas rule arsenic “knowingly aliases intentionally” inducing a “witness aliases informant to withhold aliases unreasonably delay” nan accumulation of testimony, accusation aliases documents.

The prosecutors didn’t elaborate connected nan quality of nan complaint but said it was related to Cody’s matter speech pinch section edifice proprietor Kari Newell aft nan raid.

Cody has not responded to CNN’s petition for comment. He resigned from nan Marion Police Department successful nan weeks aft nan raid.

The study explains what happened before, during and aft constabulary executed hunt warrants astatine The Marion County Record, nan location of its patient Eric Meyer and nan location of a section metropolis councilwoman successful August 2023.

The ambush drew condemnation from dozens of news organizations and property state advocates, including CNN, for its intrusiveness and First Amendment authorities concerns.

At nan clip of nan raids, nan Marion County Sheriff’s agency said it was investigating “identity theft” and “unlawful acts concerning computers” based connected nan belief that newsman Phyllis Zorn unlawfully obtained Newell’s driving records earlier nan insubstantial published a communicative astir her.

But little than a week later, aft nationalist disapproval of nan raids, Marion County Prosecutor Joel Ensey withdrew nan hunt warrants and asked authorities to return seized materials, saying “insufficient grounds exists to found a legally capable nexus betwixt this alleged crime and nan places searched and nan items seized.”

The report’s findings
In nan report, nan typical prosecutors criticized nan “inadequate investigation” that led to nan raids and raised questions astir nan information down them.

“The specter of ulterior motives, individual animus and conclusions based not connected investigation but alternatively connected assumptions permeates overmuch of this case,” nan study states.

Still, nan prosecutors recovered that extracurricular of Cody’s actions, location was “insufficient evidence” to found crimes had been committed by immoderate different rule enforcement officers aliases civilians progressive successful nan raids.

The evidence, prosecutors argued, “strongly suggests they (law enforcement officers) genuinely believed they were investigating criminal acts.”

The prosecutors besides considered whether to complaint nan officers successful relationship pinch nan decease of nan newspaper publisher’s mother nan time aft nan raid.

Meyer lived pinch his 98-year-old mother, who co-owned nan paper. He reported she’d been “very upset” astir nan actions of police, “especially successful nan work of nan warrant astatine their individual residence.” But nan coroner recovered her decease was earthy and prosecutors wished location was nary grounds to show nan officers “intended” to origin her decease aliases “knew executing nan warrant would origin her death.”

CNN reached retired to nan Marion County Sheriff’s Office for remark but has not heard back.

Newspaper editor believes ‘justice will beryllium done’

Meyer offered a mixed guidance to Monday’s report.

“We are, of course, pleased that authorities yet person stated successful nationalist that we committed nary wrongdoing,” he said successful a connection emailed to CNN. “We person nary thought why it took them almost a twelvemonth to do this. Their study makes it clear that they arrived astatine this conclusion specified days aft nan raid. Yet they near america swinging successful nan wind. That’s disappointing, to opportunity nan least.

“We besides are pleased that they believe, arsenic we agelong have, that Gideon Cody violated authorities law. Unfortunately, others progressive successful nan lawsuit — those who didn’t fly nan authorities — look to person escaped akin scrutiny.

“We understand that authorities criminal charges mightiness not beryllium imaginable against immoderate of them. That’s why national civilian suits will continue, why location should beryllium nationalist outrage complete immoderate officials’ nonaccomplishment to execute moreover nan astir basal responsibilities of their positions, and why authorities laws allowing them to flight work whitethorn request to beryllium changed.”

There are 5 unfastened national lawsuits against Marion officials related to nan raids, including 1 revenge by Meyer and different revenge by Zorn, nan reporter, according to tribunal records.

Zorn said successful a connection nan complaint was “well deserved.”

“There person been times complete nan past twelvemonth erstwhile I was worried because location were truthful galore rule enforcement officers lined up against me,” she said. “But I person religion that yet justness will beryllium done.”