Gideon Cody, the former police chief of Marion, Kansas, faces a felony charge related to a contentious investigation involving a raid on the Marion County Recorder’s offices and the home of its publishers. Court records indicate that Cody interfered with the judicial process by allegedly inducing a witness to withhold information.
In early August 2023, law enforcement, under Cody’s direction, executed a search warrant on the offices of the Marion County Record. This raid extended to the home of publisher Eric Meyer and his 98-year-old mother, Joan Meyer, following a complaint from a local business owner. The business owner had accused two city council members of illegally sharing confidential information about her driving record, prompting Cody’s investigation into whether the newspaper had unlawfully obtained those records.
The case has drawn significant scrutiny, especially after a comprehensive 124-page report released by Special Prosecutor Barry Wilkerson, Riley County District Attorney Barry Wilkerson, and Sedgwick County District Attorney Marc Bennett. The report concluded that the Marion County Record staff had not committed any crimes. It also criticized the handling of search warrants, suggesting that the investigation was driven more by personal vendettas and assumptions than by solid evidence.
Seth Stern, Director of Advocacy at the Freedom of the Press Foundation, condemned the raid as “criminal” and welcomed the charges against Cody. According to Stern, the raid undermined journalistic freedoms and was unjustified given the findings of the special prosecutors.
The prosecutors’ report emphasized that once a Kansas Department of Revenue representative confirmed no crime had occurred, the investigation should have been closed. They criticized the search warrants’ execution and the flawed conclusions drawn by Cody during the investigation.
“In a statement to ABC News last August, Cody acknowledged that there were exceptions to federal law regarding newsroom searches by law enforcement. Specifically, he noted that such searches could occur when there was reason to believe a journalist was involved in underlying wrongdoing.
Eric Meyer denied any wrongdoing by his staff and emphasized that his reporters had informed the Marion Police Department of a tip they received about a local business owner. However, the agency did not respond.
Prosecutors Wilkerson and Bennett, in their 2024 report, concluded that once a Marion officer spoke with a Kansas Dept. of Revenue representative and found no evidence of a crime, the case should have been closed. They highlighted the long-recognized privileges of journalists, attorneys, mental health professionals, and members of the clergy in our legal system, rooted in freedom of religion, freedom of the press, and the right to legal representation. When a professional from one of these fields becomes a suspect in a crime, law enforcement has the authority to investigate. However, it is crucial for law enforcement to exercise caution and limit the scope of their investigation. Before seeking a search warrant for a press room, law office, church, or mental health professional’s office, alternative forms of investigation, such as inquisition subpoenas, should be utilized. Search warrants for these locations should be sought only in extraordinary circumstances.”
As for Cody, there was no legal representative listed in the court filing, and the former police chief resigned in October following the August 2023 raid.