After nearly a week of intense criticism and national headlines, the local prosecutor behind a controversial police raid on a Kansas newspaper office has agreed to withdraw the search warrant and return items taken from the paper.
The reversal, first reported by TV station KSHB and confirmed by the attorney for the Marion County Record, followed days of outraged reactions from press advocacy organizations, which called the police seizure Friday a violation of state and federal laws.
Attorney Bernard Rhodes told The Washington Post that County Attorney Joel Ensey withdrew the warrant Wednesday and would return computers, cellphones and records taken by Marion police and sheriff’s deputies from the newspaper headquarters and the home of Eric Meyer, its publisher and editor.
A day after the raid, Meyer’s 98-year-old mother, Joan Meyer, collapsed and died. The newspaper attributed her death to stress brought on by the search of the home she shared with her son.
While the newspaper and Meyer now appear to be out of legal jeopardy, Rhodes suggested that this is unlikely to be the end of the incident. He urged state officials to investigate how the raid came about, including the role played by Marion Police Chief Gideon Cody, who led the search.
The Record had been investigating Cody’s departure from the Kansas City, Mo., police force this year, and he had threatened to sue the paper if it published allegations of misconduct, Rhodes said.
The raid of the small weekly newspaper — virtually unprecedented in the United States — was apparently prompted by a dispute involving a local restaurant owner in Marion, a town of about 1,900 residents located about 60 miles from Wichita. Kari Newell claimed that the paper’s reporters had illegally stolen her identity to access a government database that contained records of her arrest for drunken driving in 2008.
The newspaper denied it had done so, but the allegation led officials to seek a search warrant from a local magistrate judge to search the newspaper and the Meyer home.
In a statement, the county attorney said he had asked a court to withdraw the warrant he sought last week for alleged identity theft and unlawful use of a computer.
“I have come to the conclusion that insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized,” Ensey said. “As a result, I have submitted a proposed order asking the court to release the evidence seized. I have asked local law enforcement to return the material seized to the owners of the property.”
just want to add two bits of context to this lovely little glossing-over statement:
First off, to get a search warrant, you need to submit a sworn affidavit of probable cause, which generally gives a chronological list of facts that support the probably cause. The “probable cause affidavit” for this search warrant didn’t do that. In fact, it was essentially just a copy of the search warrant itself.
Secondly, the District Attorney’s brother owns the hotel that the restaurant is in. If the restaurant gets it’s (very lucrative) liquor license approved, the brother can raise the rent by a nice amount.
More fun : the judge that approved it had 2 DUIs in 2 different counties in 2012. She blew off her deferment, and apprently the first DUI was not taken into account for the punishment during the 2nd.
She was of course a local elected prosecutor running on a GOP ticket, and friends to local judges at the time. The second dui happened in a judges car. She was appointed to this role in January, and no one will say if they knew about the DUIs, as legally required.
Small town corruption, writ large.