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Spokane, Washington  Est. May 19, 1883

Ex-Kansas police chief who raided newspaper charged with felony judicial interference

The first edition of the Marion County Record since its newsroom in central Kansas was raided by police in August 2023.   (Katie Moore/Kansas City Star/TNS)
By Katie Moore and Jonthan Shorman The Kansas City Star The Kansas City Star

The former police chief who led a raid on a Kansas newspaper has been charged with a felony.

Gideon Cody faces one count of interference with the judicial process, a felony with a possible punishment of seven to 23 months in prison.

The case stems from Cody’s actions following the Aug. 11, 2023, raid on the Marion County Record when he allegedly told local businesswoman Kari Newell to delete texts between them.

The charge was announced earlier last week when special prosecutors who reviewed the case released a 124-page report detailing their findings. Prosecutors formally filed the case on Monday in Marion County District Court.

The criminal complaint against Cody lists the date of the crime as between Aug. 11 and Aug. 17. A host of law enforcement officials, journalists and local figures are listed as witnesses. Kansas Bureau of Investigation Director Tony Mattivi is also listed as a witness.

The controversial raid was carried out as the Marion Police Department investigated allegations that a reporter had illegally accessed Newell’s driving records from the Kansas Department of Revenue. However, the department of revenue confirmed to The Star that the driving records were on a public-facing website.

Search warrants were executed at the newspaper, the home of publishers Joan and Eric Meyer and former Vice Mayor Ruth Herbel. Officers seized computers, cell phones and other items.

Body camera footage shows a phone call the day of the raid where Cody provides Newell with a play-by-play of the day’s events. Newell told KSHB that she had deleted texts between her and Cody at his behest.

Marion County Prosecutor Joel Ensey rescinded the search warrants the next week, finding that there was “insufficient evidence” to support the allegations.

On Sept. 29, former Marion City Administrator Brogan Jones found out that Cody had instructed Newell to delete text messages. Cody was put on administrative leave and he resigned on Oct. 2.

In November, the Colorado Bureau of Investigation was brought in to look into the case, which was then reviewed by the two special prosecutors.

In addition to the criminal charge against Cody, the police department has been subject to several civil lawsuits. The newspaper alleges the raid resulted in First and Fourth Amendment violations and is seeking more than $10 million in damages.