Kansas police raid newspaper which was investigating local police chief
August 12, 2023 9:34 PM   Subscribe

The Marion Kansas Police Department raided the offices of the Marion County Record which was investigating allegations that Marion police chief Gideon Cody had retired from his previous job with the Kansas City, Missouri Police Department to avoid punishment over incidents of sexual misconduct..

The raid was conducted on the basis of dubious allegations that reporters had engaged in identity theft and illegally obtaining and disseminating documents related to a drunken driving conviction of local restaurant owner Kari Newell. The Marion County Record did not publish a story about Newell's conviction, but reported to the Sheriff that they had received the information from a source possibly connected to Newell's estranged husband in connection with their divorce proceedings.

The police raided both the offices of the Marion County Record and the home of the publisher and owner of the paper Eric Meyer which he shared with his 98-year-old mother Joan Meyer who was also co-owner of the paper who was very upset by the raid, refused to eat, and collapsed and died the next day despite being in "otherwise in good health for her age" according to her son.
posted by Reverend John (48 comments total) 43 users marked this as a favorite
 


This story was the main focus of the latest Letters from an American; historian Heather Cox Richardson places it in the context of the public's right to know, utterly fundamental to a democracy, harkening back to the fearless journalism of Elijah Lovejoy in the mid-1800s.
posted by kristi at 12:09 AM on August 13, 2023 [23 favorites]


So the Kari Newell thing was cover for the sheriff to raid the newspaper and try and find out what the newspaper knows about him?
posted by awfurby at 12:19 AM on August 13, 2023 [13 favorites]


Can this kind of thing result in changes for the sherrif and magistrate?
posted by sebastienbailard at 12:55 AM on August 13, 2023 [1 favorite]


You'll bet the state AG and possibly the Feds would be called in, if the local congressmen don't scream for them first.
posted by kschang at 12:57 AM on August 13, 2023 [4 favorites]


It's entirely plausible that the police chief had no knowledge of the investigation. But either way various sources now seem to be at some risk of retaliation. It also stands to reason if he might have lost his job over it, he definitely will lose it over this.

You'll bet the state AG and possibly the Feds would be called in, if the local congressmen don't scream for them first.

KC Star and Wichita Eagle joint editorial have both requested AG step in, but that AG is Kris Kobach, so don't hold your breath.
posted by pwnguin at 1:12 AM on August 13, 2023 [24 favorites]


Classic Streisand Effect
posted by chavenet at 4:21 AM on August 13, 2023 [5 favorites]




1St Amendment issues are Federal. Law suits would go to Federal Court.
posted by SemiSalt at 4:36 AM on August 13, 2023 [1 favorite]


And the Department's Facebook page shows the new Chief just began his duties two weeks ago. What a bang to begin one's tenure.

And Kari Newell, it seems, had just been given ownership to one of the town's finest restaurant spaces in their historic hotel - a position she'd find perhaps impossibly difficult if unable to procure a liquor license.

And now the paper's co-owner, matriarch and mother of the current owner is dead just hours after they spent hours raiding her and her son's home. Wow.
posted by thecincinnatikid at 5:54 AM on August 13, 2023 [3 favorites]


Please take a little time reflect on the presence or absence of real local journalism in your community or region and think about what you can do.
posted by Glomar response at 6:03 AM on August 13, 2023 [34 favorites]


The bare minimum is that all these assholes lose their certifications and never wear a badge again, and whomever approved it on the judicial side are removed from the bench permanently. Which, frankly, is impossible under the current legal regime.

So, as I always say, abolition is the only way forward.
posted by ob1quixote at 6:07 AM on August 13, 2023 [17 favorites]


Please take a little time reflect on the presence or absence of real local journalism in your community or region and think about what you can do.

You know, I did this a couple of years ago and decided that I should subscribe to our local paper (town of 75,000) since we still have one, put my money where my mouth is and all that, and a few months later those assholes added a subscription to the quarterly town magazine without my consent (that they tried to charge me for) so I cancelled all that. So it doesn't always work out at the local level.

But this is some bullshit, c'mon Kansas.
posted by LooseFilter at 7:03 AM on August 13, 2023 [4 favorites]




A note to casual observers: this “the journalistic work of a small Midwestern town’s paper puts reporters in the crosshairs of local law enforcement” story is different from the recent “the journalistic work of a small Midwestern town’s paper puts reporters in the crosshairs of local law enforcement” story reported on in the New Yorker.
posted by Ian A.T. at 10:06 AM on August 13, 2023 [13 favorites]


Reminded me of the infamous "Batmobile raid" not too long ago. There *may* be legitimate reasons, but it just look VERY VERY bad and unprofessional.

TL;DR -- rich man pays official Batmobile builder for authentic replicar, then when next payment due, disappeared for 10 months. So builder pushed his place in queue back. Rich man came back asked where is his car, then paid down the entire car, but did not get his place in queue back. After months, rich man decided he was cheated. He reported it to police, was told "it's a civil matter". He then tried to sue in California, was told "wrong court, go sue in Indiana" (which is where the replicar place is), then somehow made complaint to local sheriff (who did receive contribution from him in previous election), who eventually (after months) authorized his "auto theft task force" lieutenant and 3 deputies to fly from California to Indiana and arrest the replicar maker, with a California warrant for auto theft (?!). The maker was actually arrested in Indiana, but the lieutenant decided to release him due to his health condition, with a signed promise to appear in a California court when summoned. California DA dropped criminal charges in September 2022. While the whole thing looked incredibly bad, California attorney general declined to investigate the sheriff, who already lost the reelection and is on his way out anyway.
posted by kschang at 10:11 AM on August 13, 2023 [8 favorites]


"County Sheriff" sure seems to be a thing that leads to a lot of terrible people holding that title.
posted by Windopaene at 11:22 AM on August 13, 2023 [24 favorites]


A note to casual observers: this “the journalistic work of a small Midwestern town’s paper puts reporters in the crosshairs of local law enforcement” story is different from the recent “the journalistic work of a small Midwestern town’s paper puts reporters in the crosshairs of local law enforcement” story reported on in the New Yorker.

A different story, and yet it makes me feel sick in a surprisingly similar way.
posted by Reverend John at 11:30 AM on August 13, 2023 [4 favorites]


Agreed. And with a sad ending. They couldn't stay though.
posted by Windopaene at 11:32 AM on August 13, 2023


County commissioners with heads in their hands waiting for the police misconduct lawsuits to be filed, on top of all the other crap that will fall in on them.
The first call they get tomorrow morning will be from their insurance company telling them their rates are going up.
posted by pthomas745 at 11:57 AM on August 13, 2023 [4 favorites]


I don't know Marion county, but lived up north in Nemaha county for a spell. They can sue everyone, but good luck getting paid. Rural counties like these are almost a figment of someone's financial imagination. They can't really pay for anything.
posted by Windopaene at 12:04 PM on August 13, 2023 [3 favorites]


Steve Lehto's take on this massive clusterfuck.
posted by Meatbomb at 12:10 PM on August 13, 2023 [5 favorites]


I don't know Marion county, but lived up north in Nemaha county for a spell.

I have distant family in Ramona, a town in Marion county so small when our family reunions were held there it would double or triple the population. Wikipedia puts Marion county overall at 10,000 people, meaning the entire place is only about five times bigger than the biggest high schools in the state. And it stands to reason that communities that small are just as dramatic and the politics driven more by interpersonal dynamics than ideologies.
posted by pwnguin at 12:36 PM on August 13, 2023 [3 favorites]


As was noted in the carceral policy thread of a few days ago, millions of people believe that if they live in the right kind of state and live in the right kind of town and are the right kind of skin color and ethnicity and religion and background, that it can't possibly happen HERE, and most certainly not to THEM.

Until it does.
posted by delfin at 12:42 PM on August 13, 2023 [3 favorites]


I lived on main street, (above the grocery store) up in Seneca for about 6 weeks. It was a ecological assessment job on a pesticide, run by a company owned by two BYU professors. LOL!

And we were a weird mix of Mormon's and Bird freaks. They rented an empty farmhouse where we kept all the dogs. And the bird folks took over the largest empty house in town. I got my own place. But, had to host the son of one of the owners for a week, what a tool. Still, I played him Laurie Anderson and the Grateful dead, while feeding him wine coolers, lol. He thought LA was the "druggie music". "No man, that's art".
posted by Windopaene at 12:48 PM on August 13, 2023 [4 favorites]


And I miss Jerry.

And when Kansas were the good guys.

And when Danny Manning beat Oklahoma for the National Championship! Good times
posted by Windopaene at 12:51 PM on August 13, 2023 [3 favorites]


We're not in Kansas anymore, Toto...oh, wait...

(I'll let myself out...)
posted by mule98J at 2:57 PM on August 13, 2023 [1 favorite]


I played him Laurie Anderson and the Grateful dead, while feeding him wine coolers

I'm pretty sure you could get greenlighted for a Netflix series with this sentence alone
posted by credulous at 6:30 PM on August 13, 2023 [14 favorites]


The sense of outrage reminds of this incident.

"The Mayor’s action is an ugly example of how the First Amendment is being treated in Flint these days. In ancient Rome the Emperor killed the messenger of bad news. While modern day messengers in Flint may not be killed for delivering news the Mayor does not like, it appears they face the risk of having to call a bail bondsman if they deliver a newspaper he does not agree with,” said Gregory Gibbs, the ACLU cooperating attorney working on the case."
posted by clavdivs at 6:38 PM on August 13, 2023 [2 favorites]


I run my own local news site, and I can tell you, every threat, every suggestion of retaliation is daunting. While I'd like to picture myself as a brave Resistance fighter, battling the Nazis, what a wellf-financed powerful person can do is scary.

I have to be a little vague but an appointed town official who had an absolutely dreadful reputation for her work ethic and her manner finally resigned. I knew a lot of rumors about her claims to military service but couldn't run it down. When she quit, a number of town employees came onto my site and spelled out a list of accusations. She immediately threatened to sue me and while I knew I would ultimately win, starting with the Communications Decency Act, not to mention the truth, I also knew that she and her husband lawyer--very powerful guy with national political connections--could do me great harm in the short run.

Like put me out of business with legal costs since I have virtually no financial backup. By the way, my story didn't say a word about questions about her claims. But I removed the comments, because the workers who posted, too, were vulnerable, especially if they couldn't prove what they were saying. (Yes, I know, the burden is on the official but the legal costs...)

I did not feel heroic. But I did write a story about her threatening me and of course, had to include a limited reference to what the issue is, so ultimately there's more out in the public with my story than there was with just some comments on my site. Only then did another lawyer step forward to say he would represent me for free if anything happened. And the town employees crapped on me for taking down their anonymous comments.

Oh, yeah, the couple has a weird connection to a certain lying congressman. That's for another day.

So please, stand up for your local paper if you can.

My print publication keeps trying to raise my monthly subscription rate to $43 from $27, and the only way to make them stop was to cancel, and then they agreed to freeze the rate for a year. But really, do try, it's hell out here for local journalists. We are dealing with a loss of ad revenue and government agencies' increasing use of social media to get their version of any event out online before any reporter knows about it and can challenge it. Thank you.
posted by etaoin at 6:39 PM on August 13, 2023 [35 favorites]


I don't know Marion county, but lived up north in Nemaha county for a spell. They can sue everyone, but good luck getting paid. Rural counties like these are almost a figment of someone's financial imagination. They can't really pay for anything.

I don't understand: they have taxation powers, no? And if said taxation powers are limited by the state, that should just move liability to the state, as they granted the county the power to have a sherrif: either without oversight or insufficient oversight.

You'd think the total value of the land in the county would be enough to pay for any lawsuit.
posted by NotAYakk at 9:29 PM on August 13, 2023 [1 favorite]


Where is the Continental Op when one needs him?

"Only that I've heard parties call it Poisonville like they meant it."
Page 109
Red Harvest
Dashiell Hammett
posted by oldnumberseven at 11:22 PM on August 13, 2023 [4 favorites]


KBI director on Marion County newspaper raid: Media is not ‘above the law’
"Only law enforcement are above the law," he did not go on to add, but might as well have.

It's an interesting rhetorical choice to preemptively attack a claim that (as far as I can tell) literally nobody is making.
posted by Nerd of the North at 1:34 AM on August 14, 2023 [10 favorites]


‘ “County Sheriff" sure seems to be a thing that leads to a lot of terrible people holding that title.’

The kicker is that Sherriff is an elected position, at least where I live. We’ve had quite a few sheriffs under a cloud for poor management of their department or corruption while there’s an election; they generally get re-elected.
posted by coldhotel at 6:31 AM on August 14, 2023 [3 favorites]


Wow. Even if you take the police explanation at face value, I'll bet any newspaper thinking of giving a head's up to law enforcement about a situation like the one they saw with Kari Newell will think twice from now on. No good deed goes unpunished it seems.

I agree we should be supporting local journalism, even if we don't particularly like the outlets around us. They are at risk of disappearing completely and we will all be worse for it.
posted by rpfields at 7:56 AM on August 14, 2023 [6 favorites]


KC Star and Wichita Eagle joint editorial have both requested AG step in

...

KBI director on Marion County newspaper raid: Media is not ‘above the law’

I just checked, and yea, that guy reports to the AG:

The KBI is a division of the Office of Attorney General and is led by a director appointed by the Attorney General.

posted by pwnguin at 4:00 PM on August 14, 2023 [1 favorite]


Kris Kobach however, so I'm not holding my breath. Maybe his lack of response will show Kansans how shitty he is.
posted by Windopaene at 5:28 PM on August 14, 2023 [1 favorite]


Not to abuse the edit window, but Kansas doesn't have a lot of greatness to offer. Eisenhower, a couple of Astronauts, and Bob Dole. So anytime a Kansan succeeds, Kansas elevates them. So Kobach is getting national attention, yay for Kansas! Seems like a thing. Brownback didn't go so well. Shit happens.
posted by Windopaene at 5:33 PM on August 14, 2023


Not trying to be condescending. Just remembering how, growing up there, those that ascended to national prominence were given more credit than most of them deserved. Bob Dole was from my time, and he wasn't great. Actually met him and shook his hand once. So not trying to diss Kansas. It is my home state, and I love a lot of it. Just not the last 20 years of their politics.

Apologies if I came off wrong Teegback.
posted by Windopaene at 6:28 PM on August 14, 2023 [1 favorite]


'Seized, but not Silenced'
posted by box at 8:24 AM on August 16, 2023 [1 favorite]


“Local Police Raided a Kansas Newspaper. I've Got Questions.” Parker Molloy, The Present Age, 16 August 2023
We don't yet have all the facts on the police raid of the Marion County Record, but AP coverage is leaving a lot to be desired.
posted by ob1quixote at 10:37 AM on August 16, 2023 [1 favorite]


Kansas newspaper to regain items seized in controversial police raid [wapo gift link]

And in the OMG file, as we recall that the raid on the newspaper arose from an article about the drunk driving record of a prominent local restauranteur:

Judge who approved raid on Kansas newspaper has history of DUI arrests

The details are astonishing, and should result in someone losing their job, for sure. It certainly appears that local prosecutors covered up 2 DUIs by the judge who signed the illegal warrant, Judge Laura Viar. It's so obviously corrupt it could be a TV miniseries plot:

It’s unclear whether a judicial nominating commission that selected Viar for the magistrate position knew about her arrests and diversion. Members of the commission did not return calls from Eagle and Kansas City Star reporters. She would have been required to disclose both arrests in her application.

The first arrest — in Coffey County, about an hour and 15 minutes southeast of her home in Council Grove, on Jan. 25, 2012 — has not been reported. The second — in Morris County on Aug. 6, 2012 — came amid an unopposed reelection bid for Morris County attorney. She was not supposed to be driving because her driver’s license was suspended in the Coffey County case, court records show. She reportedly drove off-road and crashed into a school building next to Council Grove’s football field while driving then-8th District Magistrate Judge Thomas Ball’s vehicle.

The Morris County arrest likely would have been a violation of her diversion agreement in Coffey County. But court records indicate prosecutors in Coffey County didn’t know about the Morris County case. And the earlier Coffey County DUI was not disclosed to the public in Morris County, where she was standing for reelection.

Because of Ball’s closeness to the case
[she was driving his car while drunk lol], all of the 8th District’s judges recused themselves from handling Viar’s second DUI case and a special prosecutor — Wabaunsee County Attorney Norbert Marek Jr., who was later appointed by former Gov. Sam Brownback as 6th District judge — was assigned to handle the criminal prosecution, according to a report by WIBW.

It’s unclear what happened next. The case does not exist in the state’s court records system, and no follow-up articles appear in any publicly available newspaper archives. Marek did not immediately respond to questions sent to the 6th District.


Good lord. We can only hope this becomes one of those cases where the tragedy of the awful police action and the resulting death of the publisher's 98-year-old mother may ultimately bring to light some horrible (but probably all-too-typical) local judicial corruption.

Viar is up for a retention vote for her appointed position in 2024.
posted by mediareport at 3:04 PM on August 16, 2023 [8 favorites]


Oh, so, the Judge, who had DUI difficulties, we shall say for sake of propriety, signed a warrant that was basically requested by a restaurant owner who also had DUI difficulties, to help the restaurant owner cover up the potential revelation of their DUI difficulties which might have prevented the restaurant owner from getting a liquor license for their new restaurant.

The next step of this is going to be discovering that the Judge invested in this person at some point in the past, maybe for this new restaurant, maybe sometime earlier.
posted by hippybear at 3:25 PM on August 16, 2023 [1 favorite]


to help the restaurant owner cover up the potential revelation of their DUI difficulties which might have prevented the restaurant owner from getting a liquor license for their new restaurant.

The newspaper had already published about the restaurant owner's DUI difficulties, so the warrant was punishment, pure and simple, it seems to me.
posted by mediareport at 5:11 PM on August 16, 2023 [1 favorite]


to help the restaurant owner cover up the potential revelation of their DUI difficulties which might have prevented the restaurant owner from getting a liquor license for their new restaurant.

...their booze at wholesale prices.
posted by rhizome at 11:36 PM on August 16, 2023 [1 favorite]






The Washington Post has a good explanation of the background and what led up to the raid: How a small-town feud in Kansas sent a shock through American journalism
posted by riruro at 5:19 AM on August 31, 2023 [1 favorite]


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