Former Police Chief Charged After Controversial Newspaper Raid
2024
Special prosecutors have announced plans to charge former Marion Police Chief Gideon Cody with a low-level felony for his actions after leading a controversial raid on the Marion County Record and the homes of the newspaper publisher and a councilwoman. Despite flawed procedures and unlawful search warrants, the prosecutors concluded that no other crimes were committed by the police involved. Riley County Attorney Barry Wilkerson and Sedgwick County District Attorney Marc Bennett presented their findings in a comprehensive 124-page report. They emphasized that while the police investigation was inadequate, there was no evidence of intentional misconduct or deception by the officers.
“There is no evidence that Marion law enforcement agents recognized the inadequacy of the investigation or intentionally or knowingly misled either other law enforcement agents or the court,” the prosecutors stated. “The evidence strongly suggests they genuinely believed they were investigating criminal acts.” The report also exonerated Marion County Record reporter Phyllis Zorn and editor Eric Meyer. Meyer expressed relief but criticized the delay in clearing their names, noting the distress caused by the prolonged uncertainty. “Their report makes it clear that they arrived at this conclusion mere days after the raid,” Meyer said. “Yet they left us swinging in the wind. That’s disappointing, to say the least.”
On August 11, 2023, Cody led a raid that disrupted lives, sparked federal lawsuits, and cast a long shadow over Marion, a town of about 2,000 residents. The prosecutors' report, supported by investigations from the Kansas Bureau of Investigation (KBI) and the Colorado Bureau of Investigation (CBI), details the events leading up to and following the raid. The report revealed that Cody sought support from the KBI before and after the raid, even contacting KBI special agent in charge Bethanie Popejoy during a church service. Popejoy described her reaction to Cody’s request for the KBI to take over the investigation as one of disbelief and frustration. Although KBI agents had agreed to join the investigation, they had not reviewed the evidence before the raid. Popejoy said she was shocked and angry when she first read the search warrants days later. Cody later asked the KBI to issue a public statement defending his actions, which Popejoy declined. “He was just a rabid squirrel in a cage and just off doing his own thing, and then, ‘Well, I really feel like you guys are abandoning me,’ ” Popejoy recounted.
The incident was triggered by restaurateur Kari Newell’s drunk driving record, which was sent to reporter Phyllis Zorn and Councilwoman Ruth Herbel by Newell’s estranged husband. The husband, frustrated with the ongoing divorce proceedings and the financial burden of maintaining Newell’s car, believed exposing her DUI record would be relevant to her liquor license request. Zorn verified the record with the Kansas Department of Revenue and informed the police. Cody, not yet certified as a law enforcement officer in Kansas, sought assistance from Officer Zach Hudlin. Hudlin misunderstood a conversation with a KDOR representative, leading him to believe Zorn had committed multiple crimes. This assumption, combined with a hurried investigation, resulted in faulty search warrants.
County Attorney Joel Ensey, under pressure from Cody, did not thoroughly review the warrants before passing them to a judge. Ensey later regretted the haste, questioning why there was such urgency. Magistrate Judge Laura Viar, who approved the warrants, was under the impression that the KBI supported the search. Cody falsely assured others that the KBI endorsed the actions taken. Ensey recalled telling his assistant, “I don’t know why the f*** we’re in such a f****** hurry for this thing.”
Cody resigned in October after it was reported he had instructed Newell to delete text messages between them. The special prosecutors plan to charge Cody with obstructing the judicial process, a low-level felony. Phyllis Zorn welcomed the charges, expressing hope for justice despite facing opposition from law enforcement. Emily Bradbury of the Kansas Press Association hailed the decision as a step toward accountability, emphasizing the importance of protecting journalistic freedom. “This development is a crucial step towards accountability and justice,” Bradbury said. “The misuse of power to intimidate or silence journalists is a grave threat to our democracy, and those responsible must be held to account.” The special prosecutors dismissed theories of retaliation against the newspaper or political adversaries, suggesting that Cody and his team genuinely believed they were uncovering a crime. However, their report criticized the investigation’s inadequacy and Cody’s actions post-raid.
The report concluded that no charges would be filed related to the death of Eric Meyer’s mother, Joan Meyer, who died a day after the raid. The coroner attributed her death to natural causes but noted the raid's emotional toll. Joan Meyer, 98, had been deeply affected by the raid, which she found extremely upsetting. Eric Meyer expressed mixed feelings, thankful for the charges against Cody but critical of the report’s perceived leniency. The unfolding legal battles and public scrutiny underscore the significant impact of the raid on Marion and the broader implications for press freedom and law enforcement accountability.
Adding to the complexity of the situation, the report detailed how Cody pressured KBI agents to publicly support his actions and how his attempts were consistently rebuffed. Cody's actions following the raid, including urging Kari Newell to delete incriminating text messages, form the basis of the charge of obstructing the judicial process. This charge, while classified as a low-level felony, underscores the severity of Cody's breach of legal and ethical standards.
Moreover, the incident has led to significant financial and reputational repercussions for the Marion County Record. The raid not only disrupted the newspaper's operations but also led to multiple federal lawsuits. One notable case involved former reporter Deb Gruver, who filed a lawsuit claiming Cody injured her hand while seizing her personal cellphone during the raid. This lawsuit was settled for $235,000 in June, highlighting the costly aftermath of the raid.
The broader implications of this case have drawn national attention, with many viewing the raid as an attack on press freedom. The Reporters Committee for Freedom of the Press criticized the raid, stating it risked chilling the free flow of information in the public interest. Over 30 news organizations, including The New York Times, signed a letter condemning the raid and emphasizing the importance of protecting journalistic endeavors from governmental overreach.
While Cody faces legal repercussions, the incident has left a lasting impact on the community of Marion. Residents and officials alike are grappling with the fallout, questioning the integrity of local law enforcement and the protection of civil liberties. The situation has sparked a broader conversation about the responsibilities and limitations of police power, especially in small communities where personal and professional relationships often intersect.
As the legal proceedings continue, the focus remains on ensuring accountability and justice. The upcoming trial for Cody will be closely watched, not only by the residents of Marion but also by advocates for press freedom and law enforcement reform nationwide. This case serves as a stark reminder of the delicate balance between maintaining public order and safeguarding individual rights, a balance that, in this instance, was severely disrupted.
In the meantime, Marion County Record continues its operations, bolstered by the support of the journalistic community and a renewed commitment to holding power to account. The ordeal has underscored the critical role of a free press in a functioning democracy, reminding both citizens and officials of the essential need for transparency and accountability in all branches of government.
