Former Marion Police Chief Gideon Cody has been charged with felony obstruction of justice, accused of persuading a potential witness to withhold information during an investigation into his conduct. The charge, filed in Marion County state district court, claims Cody influenced the witness following the August 2023 raid on the Marion County Record and the home of its publisher.
The raid, which ignited a national debate about press freedom, targeted the small town of Marion, Kansas. Publisher Eric Meyer's mother, Joan Meyer, co-owner of the newspaper, died of a heart attack the day after the raid, which Meyer attributes to the stress caused by the police action.
Eric Meyer has criticized authorities for potentially making Cody the "fall guy," suggesting the case might end in a plea bargain to avoid revealing more details about the raid. "We're just being basic journalists here," Meyer stated. "We want the whole story. We don't want part of it."
A report by two special prosecutors mentioned text messages between Cody and a local business owner, wherein Cody allegedly asked her to delete their texts. The business owner clarified that their relationship was professional and platonic.
The Associated Press attempted to reach Cody for comment but received no response. Cody's attorneys in a related federal lawsuit are not representing him in the criminal case.
Cody justified the raid by alleging Meyer and reporter Phyllis Zorn committed identity theft or computer crimes to verify a business owner's state driving record. The business owner was applying for a liquor license, and her Record indicated she might have driven without a valid license. However, her license was later reinstated. Prosecutors concluded that no crime was committed by Meyer, Zorn, or the newspaper, blaming Cody's erroneous conclusion on a poor investigation.
The report indicated that the search warrants used for the raid contained inaccurate information due to an "inadequate investigation" and were not legally justified. However, it couldn't be proven that Cody intentionally misled the judge.
That obstruction charge was filed by special prosecutor Barry Wilkerson. If convicted, Cody faces up to nine months in prison, though first-time offenders typically receive probation.
The Record's publishing company and its staff have filed four federal lawsuits against Cody and other officials, seeking over $10 million in damages, including a wrongful death claim. The company has also filed an open records lawsuit to obtain texts between police and local officials.
Body-camera footage of the raid shows Joan Meyer, 98, upset and telling officers, "Get out of my house!" Prosecutors decided not to charge Cody or other officers over her death, citing a lack of evidence that they believed the raid posed a risk to her life. Eric Meyer noted the disproportionate police presence at the raid compared to a recent raid on a suspected child rapist.
Link: AP News
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