The police chief of a small Kansas town who oversaw searches of a publisher and his newsroom for accessing public information has resigned. Marion Mayor David Mayfield suspended Police Chief Gideon Cody on Thursday, and the chief subsequently resigned on Monday, as confirmed by Marion City Council member Ruth Herbel.
Chief Cody deployed his five-member force along with Marion County Sheriff’s Office deputies to execute warrant-based searches at the Marion County Record newsroom and the residences of its publisher, Eric Meyer, and Ruth Herbel.
Following the August 11 raid, 98-year-old Record co-owner Joan Meyer passed away due to stress. Cody maintained that the warrant, signed by a local judge, was justified, alleging the publication engaged in identity theft when accessing driver records.
In an affidavit supporting the warrant request, Cody claimed that “downloading the document involved either impersonating the victim or lying about the reasons why the record was being sought.”
The search warrant covered the premises of the publication, the residences of the publisher, and the vice mayor’s home, all granted approval by Marion County District Court Magistrate Judge Laura Viar. However, the driver record database is publicly accessible and provides information on any Kansas-licensed driver with basic details.
The records were obtained by reporter Phyllis Zorn following a tip about Kari Newell’s DUI conviction in 2008, potentially affecting her restaurant’s liquor license. Newell raised the issue of reporters digging into her background at a city council meeting, leading to the raids.
Herbel described the search of her home as “illegal,” with press freedom organizations condemning the chief and law enforcement personnel involved.
The Reporters Committee for Freedom of the Press expressed concern that the searches were overly broad and intrusive, potentially violating federal law.
Marion County Attorney Joel Ensey later requested the return of seized property, citing insufficient evidence for the raids. Additionally, the Kansas Commission on Judicial Conduct was reviewing a citizen’s complaint against Judge Laura Viar over her approval of the search warrant.
Chief Cody initially acknowledged the protected role of journalism but defended the search warrants, citing “underlying wrongdoing” among the targeted journalists. He believed that once the full story emerged, the questioned judicial system would be vindicated.
