Prosecutors investigating the search warrants executed on a Kansas newspaper and the homes of an editor and reporter allege that former Marion Police Chief Gideon Cody obstructed their investigation. Cody, who has since resigned, is accused of inducing a witness or informant to withhold or delay providing crucial testimony or information.
Special prosecutors Marc Bennett and Barry Wilkerson revealed that Cody instructed a local restaurant owner to delete text messages they exchanged before the execution of the warrants. The restaurant owner claimed Cody was concerned that the messages might give a wrong impression about their professional relationship. Prosecutors declined to provide further details, stating that the specifics would be included in the forthcoming charging documents.
Cody was placed on leave in September 2023 and resigned the following month. He and his officers conducted the controversial raid at the Marion County Record and the homes of the newspaper’s editor, Eric Meyer, and reporter Phyllis Zorn. The raid was based on suspicions that the newspaper staff had unlawfully obtained the driving record of the restaurant owner, Kari Newell. However, the prosecutors concluded that the newspaper staff had committed no crimes, as the information was publicly accessible and obtained through lawful means.
The prosecutors’ report criticized the investigation process, describing it as rushed and flawed. They noted that Marion County officers had failed to wait for the Kansas Bureau of Investigation to analyze the allegations before executing the warrants. While no crimes were found in the crafting and execution of the warrants, prosecutors determined that Cody had obstructed justice.
The possibility of Cody facing charges, either misdemeanor or felony, remains uncertain. Seth Stern, director of the Freedom of the Press Foundation, argued that Cody should face additional charges, describing the raid itself as criminal. Meyer expressed relief that the newspaper staff was exonerated but questioned the delay in reaching that conclusion and the limited scope of potential charges.
The Marion County Record, along with its parent company, Meyer, and several current or former staffers, has filed federal lawsuits against the city of Marion and local officials, including Cody. The legal proceedings continue as the community and the nation closely watch for further developments.