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Ex-Kansas police chief Gideon Cody charged with felony in Marion County Record raid

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Ex-Kansas police chief Gideon Cody charged with felony in Marion County Record raid

TOPEKA, Kan. — Former Kansas police chief Gideon Cody, who led a raid on a weekly newspaper last year, has been charged with felony obstruction of justice. He is accused of persuading a potential witness to withhold information from authorities during the investigation of his conduct.

The charge against Cody states that he influenced a witness to withhold information on the day of the raid on the Marion County Record and the home of its publisher, or within the following six days.

The charge was filed in state district court in Marion County, and it does not provide specific details about Cody’s alleged actions.

Body camera footage of Marion Police Chief Gideon Cody during the raid on the Marion County Record newspaper on Aug. 11, 2023. McDonald Tinker via AP

The raid sparked a national debate on press freedom, focusing on Marion, a small town of about 1,900 people located southwest of Kansas City, Missouri.

Following the raid, newspaper Publisher Eric Meyer’s mother, who co-owned the newspaper and lived with him, passed away the next day due to a heart attack. Meyer attributed her death to the stress caused by the raid.

Meyer expressed his belief that Cody is being made the scapegoat for the raid, even though several officials were involved.

Meyer suspects that Cody may reach a plea bargain to avoid a trial that would reveal more details about the raid.

“We’re just doing our job as journalists,” Meyer said. “We want the full story, not just part of it.”

A report from special prosecutors last week mentioned text messages between Cody and a local business owner following the raid.

Cody was charged with felony obstruction of justice following the raid on the newspaper’s office and home of the publisher. AP Photo/John Hanna, File

The business owner claimed that Cody asked her to delete text messages between them to avoid any misconceptions about their professional relationship, which she stated was strictly professional and platonic.

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The Associated Press attempted to reach Cody for comment but did not receive an immediate response.

Attorneys representing Cody in a federal lawsuit related to the raid are not representing him in the criminal case, and it is unknown who is currently representing him.

Cody justified the raid by claiming he had evidence that Meyer, the newspaper, and one of its reporters had committed identity theft or computer crimes. This was based on verifying the authenticity of a document provided to the newspaper by an acquaintance.

The cover of the Marion County Record after the police raid. AP Photo/John Hanna, File

The prosecutors’ report concluded that no crimes were committed by Meyer, the reporter, or the newspaper. Cody’s investigation was deemed flawed, leading to an erroneous conclusion about their actions.

The prosecutors also stated that the search warrants signed by a judge contained inaccurate information due to the inadequate investigation, and they were not legally justified. However, there was no evidence to show that Cody intentionally misled the judge.

The obstruction of justice charge against Cody was filed by special prosecutor Barry Wilkerson, the top prosecutor in Riley County. The other special prosecutor is Marc Bennett, the district attorney in Sedgwick County.

A conviction for a first-time offender could result in up to nine months in prison, with the typical penalty being 18 months or less of probation under state sentencing guidelines.

The publishing company of the Record and current/former staff members have filed federal lawsuits against Cody and other local officials. The lawsuits seek damages exceeding $10 million, despite the city’s annual budget being around $9.5 million.

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The publishing company also filed an open records lawsuit to obtain texts between police and local officials.

Police body-camera footage from the raid on the publisher’s home showed his mother, Joan Meyer, visibly upset and demanding the officers to leave.

The prosecutors did not file charges related to her death, stating there was no evidence to suggest the raid posed a risk to her life. Eric Meyer noted that seven officers were involved in the search, contrasting with a previous raid involving fewer officers.

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