The Marion County Record police raids

MARION – On the morning of Friday, August 11, local police in Marion, KS raided the office of the Marion County Record as well as the newspaper’s reporters and publisher’s homes; seizing computers, cellphones, and reporting materials. This story became international news, with the story becoming even more tragic over the weekend after the co-owner of the paper, 98-year-old Joan Meyer, collapsed and died at her home on Saturday afternoon following the raids. The newspaper, originally coming out with an article the same day as the raid which gave firsthand account information, updated the article in the early morning hours of Sunday the 13th, informing readers of Meyer’s passing, stating the raid contributed to her death.

The Timeline

A timeline of events leading up to the raid was created by 12 News with confirmation from Marion County Record owner Eric Meyer, son of Joan Meyer, Kari Newell, and the Marion County Police Department.

• Tuesday, August 1:

  • Marion Police posted to Facebook about a public forum for Congressman Jake LaTurner at a local Marion restaurant, Kari’s Kitchen.

  • Marion County Record owner Eric Meyer said he and staff were told to leave public forum by Marion Police Chief Gideon Cody at the request of restaurant owner Kari Newell.

• Wednesday, August 2:

  • Meyer said Record’s reporter received Facebook message from a source alleging Newell was driving without a license and had a prior DUI conviction. Paper said it looked into these claims due to an upcoming vote on Newell garnering a liquor license. Kansas law states you can’t have a felony DUI conviction to obtain a liquor license. You must also have a state driver’s license.

• Friday, August 4:

  • Meyer said he sent a note with the Record’s findings to Chief Cody. Meyer said the paper didn’t plan on publishing the findings.

  • Meyer said City of Marion Vice Mayor Ruth Herbal asked the Record to send her the information they had obtained about Newell because the city council was set to vote on the approval of her liquor license.

• Monday, August 7:

  • City council approves liquor license in four to one vote.

  • At the meeting, Newell claims the Record obtained her personal information illegally and shared it with the Vice Mayor. In her official statement to 12 News, Newell said she believes the paper accessed her information through a piece of her mail from the Kansas Department of Revenue. She reported that to police.

• Wednesday, August 9:

  • The Record published article about the accusations and council meeting.

• Friday, August 11:

  • Marion County Court Magistrate Judge Laura Viar signed search warrant that alleges violations of identity theft and “unlawful acts concerning computers” regarding Newell.

  • The Marion Police Department, with assistance from the Marion County Sheriff’s Office, raid Meyer’s home, Herbal’s home and the Marion County Record’s office obtaining computers, cell phones and reporting materials.

It is important to note that some of the above information is either different than the reporting from the Marion County Record or isn’t as specific as the reporting from the Marion County Record.

One of the big differences is from Friday, August 4 where it’s stated that the “City of Marion Vice Mayor Ruth Herbal asked the Record to send her the information they had obtained about Newell.” However, in the reporting from the Record, it states that the information was “provided by a source who sent it to the newspaper via social media and also sent it to Herbel.” (Names are spelled differently according to reporting). This is further reinstated at the end of the same article where they state, “Herbel said she had received the information from the same source as the Record.” The Record’s reporting also states Herbel shared the information with only one person, city administrator Brogan Jones due to the fact that Newell was on “that day’s agenda to seek endorsement of a request for a liquor license.”

The Record also did verify the information on Newell and did decide not to publish. Further information provides extra insight with Eric Meyer believing “the information had been intentionally leaked to the newspaper as part of legal sparring between Newell and her estranged husband.”

The Record’s reporting also provides further detail into Newell’s legal record, having the state suspend her license “because of a drunken driving conviction in 2008 and a series of other driving convictions.” Newell also claimed she took care of her license the week of the vote, but that was not verified. She also admitted that all the information found on her was true.

The reporting also states that “Herbel told Jones she thought the police should investigate Newell’s application.”

The Record also reported the following in their article:

“Legal experts contacted by the Record termed the raid unheard of in America and reminiscent of what occurs in totalitarian regimes and the Third World.

“The Record is expected to file a federal suit against the City of Marion and those involved in the search, which legal experts contacted were unanimous in saying violated multiple state and federal laws, including the U.S. Constitution, and multiple court rulings.”

Eric Meyer stated that they want to make sure that no other news organization is ever exposed to the “Gestapo tactics” they witnessed, and that they will be seeking “the maximum sanctions possible under the law.”

The Marion Police Department

The Marion Police Department released a statement on Facebook regarding the raid, stating:

“The Marion Kansas Police Department has has several inquiries regarding an ongoing investigation. As much as I would like to give everyone details on a criminal investigation I cannot. I believe when the rest of the story is available to the public, the judicial system that is being questioned will be vindicated. I appreciate all the assistance from all the State and Local investigators along with the entire judicial process thus far. Speaking in generalities, the federal Privacy Protection Act, 42 U.S.C. §§ 2000aa-2000aa-12, does protect journalists from most searches of newsrooms by federal and state law enforcement officials. It is true that in most cases, it requires police to use subpoenas, rather than search warrants, to search the premises of journalists unless they themselves are suspects in the offense that is the subject of the search. The Act requires criminal investigators to get a subpoena instead of a search warrant when seeking “work product materials” and “documentary materials” from the press, except in circumstances, including: (1) when there is reason to believe the journalist is taking part in the underlying wrongdoing. The Marion Kansas Police Department believes it is the fundamental duty of the police is to ensure the safety, security, and well-being of all members of the public. This commitment must remain steadfast and unbiased, unaffected by political or media influences, in order to uphold the principles of justice, equal protection, and the rule of law for everyone in the community. The victim asks that we do all the law allows to ensure justice is served. The Marion Kansas Police Department will nothing less.”

This statement received a lot of criticism. There are over 2,000 comments, and finding a positive one was possible….