The search warrant authorizing a sensational raid on the headquarters of a local newspaper and the home of the co-owner has been withdrawn.
All seized items from the Marion County file have been released to the paper’s attorney — five days after they were stolen by police.
The police chief, Gideon Cody, was accused by newspaper owner Eric Meyer of using “Hitler tactics” during the raid. His mother, Joan, died as a result of the intense stress.
According to KSHB 41 News, Lawyer Bernie Rhodes, representing the newspaper, now has a forensic expert on hand to investigate whether the seized computers and phones have been searched by police.
Marion County attorney Joel Ensey ruled Wednesday that there is “insufficient evidence” to justify why a search warrant was issued in the first place.
Despite the lack of equipment, the Marion County Record successfully went to press on Wednesday – with the front page reading, “Seized…But Not Silenced.”
The moment police raided Marion County Record’s newsroom using ‘Hitler tactics’ has been caught on camera – just a day before the paper’s co-owner died
The lack of supplies did not stop the presses this week. Marion County’s record successfully printed Wednesday – with the front page: ‘Seized…but not silenced’
Ensey said he reviewed the affidavits — which are still sealed from the public — and found they didn’t show enough probable grounds to loot the paper.
In addition to explaining why he decided to withdraw the search warrant signed by Magistrate Judge Laura Viar, Ensey also demanded that all items be returned to their owners.
The major development comes just two days after the Kansas Bureau of Investigations took over the investigation — sparking a First Amendment debate across the country.
However, revoking the search warrant retroactively will not undo the most tragic aspect of this unfolding Kansas story.
Newspaper co-owner Joan Meyer, 98, died from the grief and stress she felt after the entire Marion Police Department spent hours raiding her belongings in her home.
She was sobbing, unable to eat, and died in the middle of her sentence just 12 hours into the ordeal.
Joan Meyer, 98, collapsed and died as a result of the intense stress and grief she felt when her home was raided by the entire Marion Police Department in Kansas – led by Gideon Cody
The police chief, Gideon Cody (seen here during the raid on the newspaper’s headquarters) was accused by Eric Meyer of using ‘Hitler tactics’ during the seizure
When asked how he felt after the injunction was withdrawn today, Eric Meyer told KSHB41, “Great. Relieved. Justified.
‘The feeling that my mother did not die in vain. Feeling that democracy has won.’
He said he had to go back to the office and put the computer network back together.
And he warned, “It can happen to anyone. They have to do what we did. Fight back! There are good people who will help you.’
The elderly woman, who co-owned the paper, was subjected to a raid on Friday by five cops and two deputies — leaving her “stressed beyond her limits and overwhelmed by hours of shock and grief.”
In the aftermath of the raids, the newspaper was also considering legal action against the police. They confiscated their computers, phones and other essential publishing equipment.
Since Friday’s raid, the paper has seen a spike in online subscribers – more than 1,000 – as local journalists receive support from across the country.
On Tuesday, it emerged that Cody was also under investigation by the newspaper over allegations of sexual misconduct.
Cody became Chief of the Marion County Police Department in late April, after leaving the Kansas City Police Department amid allegations of sexual misconduct.
On Tuesday, it emerged that Cody was also under investigation by the newspaper over allegations of sexual misconduct. Cody became Chief of the Marion County Police Department in late April, after leaving the Kansas City Police Department amid allegations of sexual misconduct
Eric Meyer – Joan Meyer’s son, and the co-owner and publisher of the Marion County Record, announced his mother’s death following the traumatizing raid over the weekend
It was Kari Newell, 46, who accused the Marion County Record of illegally obtaining her 2008 DUI information, which would have interfered with her liquor license application — leading to the multiple police raids on Friday.
Lawyer Rhodes has reprimanded police chief Cody for instigating the raid on the home of the 98-year-old woman.
He said, ‘Can he spell hypocrisy? This was his statement. His research and his quest. He (Cody) drove to the residence to personally search the residence of a 98-year-old who had nothing to do with this. A woman who died the next day.’
When confronted by reporters yesterday, Cody refused to answer questions and instead said, “Do you realize how angry KBI (Kansas Bureau of Investigations) will be with me if I start talking about their case now?”