Sworn Affidavits and First Public Accounting of Evidence
In sworn affidavits that have not previously been reported, Marion Police Chief Gideon Cody also told a judge that the Kansas Department of Revenue had confirmed to him that Marion County Record reporter Phyllis Zorn had downloaded the private record. The documents provide the first public accounting of the evidence that was cited to justify the raid.
Reporter’s Confirmation and Newspaper’s Stand
Zorn confirmed to The Washington Post that she downloaded the record, a process that involves entering a name, date of birth and driver’s license number. She said she did so to verify information she had received from a source. The newspaper’s editor and publisher, Eric Meyer, said he does not believe Zorn committed a crime. He said that the record was accessed for research purposes and that there was no intent to use it maliciously. “There is no criminal intent,” he said.
Meyer’s Criticism of the Police Response
Meyer allowed for the possibility that the paper had technically crossed a line by searching the database but said that “even if it was illegal for us to do that, the police response was like bringing the SWAT team out for jaywalking.”
Backlash and Ongoing Investigation
The Aug. 11 police raid sparked outrage among First Amendment advocates and news organizations across the nation. Officers seized computers, phones and other records during the search, a virtually unprecedented event in recent American history. Meyer’s home also was searched, as was the home of a city council member. The Record said stress from the raid contributed to the sudden death the following day of Meyer’s 98-year-old mother, Joan, a co-owner of the newspaper.
Reversal and Ongoing Legal Issues
Marion County Attorney Joel Ensey, who is the county prosecutor, on Wednesday said that “insufficient evidence” had been used to connect the alleged crimes being investigated — the most serious of which is a felony — to the places that were searched. He asked police to return the property seized from the newspaper. The Kansas Bureau of Investigation has said it still is examining whether the newspaper violated state law.
Dispute and Motive
The raid had its origins in a dispute between the restaurant owner, Kari Newell, and her estranged husband, Ryan, according to interviews with individuals named in the affidavits and other participants.
Accusations and Allegations
Ryan Newell told The Post that he was upset that his wife had continued driving and had applied for a liquor license despite having lost her driver’s license in 2008 because of a drunken-driving conviction. Newell said he was also worried about the insurance risks of his wife’s driving his car without a license.
Transmission of Information and Opinion
The Report said stress from the raid contributed to the sudden death the following day of Meyer’s 98-year-old mother, Joan, a co-owner of the newspaper.
Alleged Threat and Response
Two days after that story appeared, Cody signed affidavits saying he believed “certain contraband, fruits, instrumentalities, and evidence” of identity theft and computer crimes having been committed could be located in Meyer’s home, Herbel’s home and the Record newsroom.
Media Coverage and Police Response
The Record did publish a story on Aug. 9, under Meyer’s byline, that said Newell had lost her license because of a drunken-driving conviction. The story, headlined “Restaurateur accuses paper, councilwoman,” reported on the allegations Newell made at the meeting. It said the person who provided Newell’s record to the newspaper and Herbel had “bragged about retaining ‘connections’ despite no longer working in law enforcement.”
Information Source’s Stand
Maag told The Post that she worked in law enforcement years ago but that that had nothing to do with how the record was obtained.
Additional Details and Investigation Request
In an interview, Zorn defended her actions.
Email Communication and Alleged Threat
In the affidavits, Cody stated that Meyer told him in an email on Aug. 4 that the newspaper had “received a copy of someone’s private Department of Revenue records” and that the records may have been released because of police misconduct.
Public Response and Law Enforcement Stand
The Reporters Committee for Freedom of the Press and 36 news organizations, including The Post, wrote to Cody on Aug. 13 to protest the raid, which they said was “possibly in violation of federal law.”
Police Chief’s Perspective
In a brief phone interview, Cody told The Post that he felt media coverage of the search had been unfair. “This is a Fourth Amendment situation, not a First Amendment situation,” he said, referring to the constitutional measures on unreasonable searches by law enforcement and freedom of the press. Cody declined to answer additional questions.