The police chief who oversaw the sharply criticized raid of a local news outlet in Kansas alleged a reporter was “either impersonating the victim or lying about the reasons why the record was being sought” when she accessed the driving records of a local business owner, according to previously unreleased court documents.
The allegation is the first public reporting and suggestion of evidence that may have led to the Aug. 11 raid. Led by Marion Police Chief Gideon Cody, police officers raided the Marion County Record and seized computers, personal cell phones, a router, and other equipment from the newspaper. Police also carried out raids at two private residences, including the home of the paper’s co-owners.
A signed search warrant, which was later withdrawn by the county attorney, said police were looking for information related to local restauranteur Kari Newell who had accused the paper of “illegally obtaining drunken-driving information about her and supplying it to a council member,” according to Meyer, who wrote about the incident in an article.
But the newspaper’s attorney Bernie Rhodes told USA TODAY on Sunday that the paper did not break any state or federal laws when reporter Phyllis Zorn obtained Newell’s record through a public state website.
“Zorn had every right, under both Kansas law and U.S. law, to access Newell’s driver’s record to verify the information she had been provided by a source,” Rhodes said in an email. “She was not engaged in ‘identity theft’ or ‘unauthorized computer access’ but was doing her job.”
All seized items were released Wednesday after Marion County Attorney Joel Ensey withdrew the police department’s search warrant. The attorney had said, “insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized.”
The incident has since received widespread criticism and sparked debate over press freedoms after several news organizations condemned the police department.
“As I have said numerous times in the last week, it is not a crime in American to be a reporter,” Rhodes said in an email. “These affidavits prove that the only so-called ‘crime’ Chief Cody was investigating was being a reporter.”
‘Gestapo tactics’:Police conduct ‘chilling’ raid of Kansas newspaper, publisher’s home
Court documents suggest access to Newell’s record as reason for raid
According to court documents provided to USA TODAY by Rhodes, Cody wrote in an affidavit that the Kansas Department of Revenue told him Newell’s information was “downloaded directly” from the department by Zorn and someone using the name “Kari Newell.”
“Kari’s name was listed three minutes after Phyllis Zorn downloaded the information according to the Kansas Department of Revenue,” the affidavit states. “Downloading the document involved either impersonating the victim or lying about the reasons why the record was being sought.”
Cody added in the affidavit that he contacted Newell who told him “someone obviously stole her identity.”
The Marion County Record said it had looked into the status of Newell’s driver’s license – related to a 2008 conviction for drunk driving – on the Department of Revenue’s public website after the newspaper received a tip. But the newspaper only reported Newell’s license suspension when she revealed it during a City Council meeting.
The Associated Press reported that Zorn was instructed on how to search records by the department and the newspaper had obtained Newell’s driver’s license number and date of birth from a source.
“Not to my knowledge was anything illegal or wrong,” Zorn told the news agency.
Attorney: Affidavits not filed until three days after raid
Rhodes said the affidavits were not filed with the district court until “three days after the illegal searches were executed.” He added that while the affidavits “purport to be signed” before a magistrate judge on the day of the raids, authorities have not provided an explanation on why they were not filed beforehand.
Authorities are continuing their investigation into whether the Marion County Record broke state laws. The investigation is now being led by the Kansas Bureau of Investigation.
Cody had defended the department’s actions in a Facebook post shortly after the raid, saying the federal law that protects journalists from newsroom searches makes an exception for “when there is reason to believe the journalist is taking part in the underlying wrongdoing.”
Contributing: Kayla Jimenez, USA TODAY; Associated Press
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