Not In Kansas Anymore? Police Chief Suspended Following Raid Of Small Town Newspaper

Legal Issues

from the chief-just-moving-from-disgrace-to-disgrace dept

There’s no reason to make fascist small talk a reality, but sometimes folks just do what they do. Six weeks ago, a small town police department raided a small town newspaper in a vicious demonstration of boots-on-a-human-face-forever thuggery. The supposed crime? Digging up public records showing a local business owner in search of a liquor license had her own problems with handling liquor, including DUI and driving without a license charges.

The business owner was incensed, even though the local paper — the Marion County Record — decided not to publish anything because it did not wish to be used as a pawn in an acrimonious divorce. The simple fact that it had asked questions and obtained records was enough to motivate Kari Newell to air her grievances at a city council meeting.

Shortly thereafter, the government machinery lurched into motion. The Marion County PD — helmed by newly employed Chief of Police Gideon Cody — sprung into action. It raided the offices of the local paper, as well as the home of its 98-year-old co-owner, Joan Meyer. A show of force was followed by the seizure of plenty of electronics, including journalists’ personal phones and the paper’s servers. It was also followed by the death of Joan Meyer, last seen putting her indignation on full display as Cody’s officers raided her home for evidence… of what exactly?

The operative theory was identity fraud and illegal computer access. The facts on hand suggested something completely different: the delivery of information from a citizen source coupled with a public domain search of a private party’s website to verify the tip delivered to the Marion County Record.

Then there was the suggestion these raids weren’t prompted by the paper’s (abandoned) investigation into business owner Kari Newell’s alcoholic indiscretions, but rather by the paper’s questioning of Chief Cody’s permanent record. There were hints — some unverified — that his history of misconduct had resulted in him leaving a lucrative job with the Kansas City PD for the position at the head of one of the tiniest police forces in Kansas.

Whatever the compelling factor, the end result was horrific. Writers, journalists, and rights activists immediately banded together to condemn the raid of the newspaper, as well as to offer their services to the victims of these apparent rights violations.

In addition, the state’s investigative bureau stated it would be looking into the actions of the Marion PD. This announcement from the KBI (Kansas Bureau of Investigation) followed prosecutor Joel Ensey’s declaration the search warrants were not supported by probable cause and were being withdrawn by his office. Ensey also asked the court (the same court that approved the obviously deficient warrants) to order the PD to return all seized items immediately, as well as destroy any copies of data/communications it might have made following the seizure of these devices.

And that brings us to the court itself. The judge who cleared the warrants — Laura Viar — had her own history of DUI arrests, which suggests she might be more sympathetic to an alleged victim of criminal activity who also had her own history of DUI arrests.

To sum up, it’s all pretty much a season of Fargo. It’s corrupt small town politicians supporting corrupt small town business owners, aided and abetted by corrupt law enforcement — all in hopes of silencing the truth-tellers from telling the truth. A wealth of Midwestern accents (and Midwestern morals) are undoubtedly intertwined. And someone has already died, which means the stakes are higher for everyone involved, likely leading to further malfeasance and/or recrimination. For goddamn sure, I’d watch this.

To sum up: the PD’s chief had reasons to silence the newspaper. The business owner had reasons to silence the newspaper. The judge had reasons to silence the newspaper. The prosecutor’s possibly antagonistic relationship with the business owner gave him reasons to silence the newspaper.

That the paper couldn’t be silenced and, instead, enjoyed international support, made this alliance — conspiratorial or not — untenable. Somehow, even though everything was hot and heavy in the international press, local legislators still felt compelled to defend the PD’s indefensible actions.

The city council “addressed” the controversy by reminding attendees — in a red-letter 47-exclamation point(!!!) pre-meeting bulletin — that the most pressing local issue was not going to be on the agenda. The city’s only mayoral candidate offered his half-assed support of local cops, claiming the public should just hang back and wait for law enforcement to clear itself.

While [vice mayor Ruth] Herbel [whose own house was raided] said after the meeting that she agrees that Cody should resign, other City Council members declined to comment. Mike Powers, a retired district court judge who is the only candidate for mayor this fall, said it’s premature to make any judgments.

Oh really? Well, fuck right off, mayoral candidate Mike Powers. There’s plenty to judge right now. And there’s even more reason to do so, considering the town’s top cop has been ejected from his seat of power in light of recent events he’s directly implicated in. And that includes being judged by the guy who actually holds this office: the current mayor of Marion, Kansas.

The Marion, Kansas, police chief was suspended this week following a series of raids that included the office of a local newspaper and the home of the city’s vice mayor.

Marion Mayor David Mayfield suspended Police Chief Gideon Cody on Thursday, according to the Marion County Record, the same newspaper that was raided.

The Marion Police Department confirmed the suspension on Saturday. The mayor’s office did not immediately respond to a request for comment.

Without a doubt, the city will never publicly comment on this… at least not until the KBI investigation is completed and/or all resulting lawsuits are settled. No one can possibly condone these acts. But they can at least pretend to be neutral parties until a judge (probably not the drunk driving one) finds them at least partially culpable for the string of rights violations perpetrated by the Marion PD.

And until they are forced to equivocate, the world will be watching. This was an obvious wrong propelled by powerful self-interests. But the power of the government rarely exceeds the power of the press, no matter how much the government tries.

Filed Under: david mayfield, eric meyer, gideon cody, joan meyer, kansas, kari newell, marion county, marion county pd, ruth herbel
Companies: marion county record