Court Records Reveal New Details Behind ‘Illegal’ Police Raid of Local Kansas Newspaper
The city's police chief alleged that a reporter at the Marion County Record impersonated someone in order to obtain records
New details have emerged on the sudden police raid of the local Kansas paper that the co-owner says led to the death of his publishing partner, revealing as part of the police's reasoning behind executing the search & seizure.
Police last week orchestrated a full-fledged raid on the office of the Marion County Record, as well as the home of the newspaper co-owner, who died just a day after the raid. The raid occurred as its reporters were investigating allegations of misconduct surrounding a local business owner and Marion’s police chief.
The Marion County Record is a family-owned weekly newspaper that was first published in 1869. Its coverage focuses on the central Kansas county of less than 12,000 people.
The city's police chief alleged to a Kansas judge that the reporter accessed the business owner's driving record by "either impersonating the victim or lying about the reasons why the record was being sought," according to court records obtained by The Washington Post.
Police Chief Gideon Cody also said the Kansas Department of Revenue had confirmed that Record reporter Phyllis Zorn downloaded the private record. This is the first time a document has been revealed that led to the police department’s justification for the raid.
Zorn said she, indeed, downloaded the record of Kari Newell, the owner of Chef's Plate at Parlour 1886. Zorn said downloading a record simply involves entering a name, date of birth and driver’s license number.
Zorn said she received a tip from a source and retrieved the information so she could confirm the tip.
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Marion County Record publisher Eric Meyer said he doesn’t think his reporter committed a crime. He said that since his reporter was conducting research, there was no malicious act.
“There is no criminal intent,” Meyer said.
Meyer acknowledged his paper could have possibly overstepped a boundary by searching the database, but added “even if it was illegal for us to do that, the police response was like bringing the SWAT team out for jaywalking.”
Newell stood before the Marion City Council on Aug. 7 for an agenda item concerning her getting a liquor/catering license for her restaurant. Newell previously had a DUI, which could potentially revoke any liquor license.
Newell didn’t use any of her time to talk about the license acquisition, but rather went straight to accusing the newspaper and Councilwoman Ruth Herbel of obtaining her personal information and sharing it with others.
The Marion police obtained search warrants and raided the newspaper and the newspaper office, the homes of the councilwoman, a reporter and the home of newspaper co-owner Joan Meyer on Aug. 11, seizing computers, phones and other electronic devices.
Joan Meyer, 98, died the next day.
The raid gained national attention as a violation of the First Amendment.
The Kansas Bureau of Investigation (KBI) took over the investigation and Kansas Gov. Laura Kelly questioned the legitimacy of the raid.
Last Wednesday, Marion County Attorney Joel Ensey said “insufficient evidence” was used to connect the alleged crimes. Ensey asked the police to return all seized property from the newspaper. The KBI said it would continue the investigation into whether the Record violated any state law.
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