After a raid on a local newspaper, Marion, Kansas, Police Chief Gideon Cody Said, “I believe that when the rest of the story is available to the public, the judicial system that is being questioned will be vindicated.” A few days later, County Attorney Joel Ense search warrant withdrawn Cody barged into the offices of the Marion County Record and the home of its publisher.
county attorney’s statement Interesting:
On Monday, August 14, 2023, I reviewed in detail the warrant application made on Friday, August 11, 2023 to search various locations in Marion County, including the Marion County Record’s Office. The affidavits, which I am asking the court to release, establish probable cause to believe that an employee of the newspaper may have committed the offense of unlawful acts in connection with KSA 21-5839, Computer. However, upon further review, I conclude that there is insufficient evidence to establish a legally sufficient connection between the alleged crime and the locations searched and the items seized.
Does it sound to anyone else like the county attorney is saying he didn’t review the warrant application in detail First Searched? And only went back and looked at it “in detail” when there was a public uproar over a search of a newspaper office, a business that should get extra protection in the name of freedom of the press? It seems like a careful review should have happened earlier, and the fact that it didn’t raises more questions about the legal system than justifies it. Anse is also same boy Who was telling reporters over the weekend that the affidavit is not a public document. Now he is demanding its release.
Additionally, the newspaper’s publisher in this case raised concerns that the newspaper was investigating allegations of sexual misconduct against the same police chief who was on the scene for the search, which seized computers containing information from the accusing sources. There was confidential information about And to make it all the more sinister, the publisher’s 98-year-old mother died suddenly the day after her home was searched.
The Kansas Bureau of Investigation is now leading the investigation of all crimes of which Record is alleged. As a reminder, the pretext for the search warrant was that the newspaper may have illegally obtained information about a local restaurant owner’s drunk-driving record. This is not the sort of thing that would normally cause several police officers to barge into a newspaper’s office and publisher’s private home and confiscate computer equipment. In fact, there are a few things that usually cause several police officers to storm into a newspaper office and confiscate computer equipment, at least in the United States. This is not an everyday occurrence.
The KBI probe will proceed “without review or scrutiny of any evidence seized on Friday, August 11”. Bernie Rhodes, the attorney representing the newspaper, told the KSHB 41 I-Team that a forensic expert will be examining the returned materials.