Items Seized in Controversial Police Raid at Family-Owned Kansas Newspaper Returned

The items will be returned, but an investigation into the matter will continue, according to officials.

The last printed issue of the Marion County Record sits in a display in its office in Marion, Kan., on Aug. 13, 2023. John Hanna/AP Photo

The items seized from a local newspaper office and its publisher’s home in the small Kansas town of Marion during a controversial raid earlier this month have been returned, but an investigation into the matter will continue, according to officials.

In an Aug. 16 statement, the Kansas Bureau of Investigation said it had determined, in collaboration with the Marion County Attorney, that its investigation into the newspaper, the Marion County Record, “will proceed independently, and without review or examination of any of the evidence” seized during a raid on Aug. 11.

“At present time this investigation remains open,” officials continued. “We will work with the Marion County Record, or their representative, to coordinate the prompt return of all seized items. Once our investigation concludes we will present findings to the Marion County Attorney for review.”

Marion County Attorney Joel Ensey said in the statement that affidavits had “established probable cause to believe that an employee of the newspaper may have committed the crime of K.S.A. 21-5839, Unlawful Acts Concerning Computers.”

However, following “further review,” he had arrived at the conclusion that “insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized,” according to the statement.

Mr. Ensey added that he had submitted a proposed order asking the court to release the evidence seized and directing local law enforcement officials to return the materials to the owners of the property.

In a separate statement to ABC News, attorney Bernie Rhodes, a lawyer for the newspaper, welcomed the return of the seized items but stressed there was still a long way to go until the paper achieved justice.

‘Promising First Step’

“It’s a promising first step, but it does nothing to cure the harm caused by the illegal search in the first place and regrettably it does not bring Joan Meyer back,” Mr. Rhodes said. “Someone has to pay for what occurred. This may stop the hemorrhaging, but it does not address the damages that occurred.”

The Aug. 11 raid on the office of the Marion County Record, a weekly newspaper founded in 1869, and the home of its owner and publisher Eric Meyer sparked widespread criticism among major news organizations and journalism advocacy groups, as well as threats of legal action.

Personal computers, cellphones, and other materials were seized during the raid carried out by Marion police officers and three sheriff’s deputies, according to Mr. Meyers.

Law enforcement officials also took the newspaper’s file server and various other equipment that was unrelated to their search but was needed to continue publishing work, he said.

“Our first priority is to be able to publish next week,” Mr. Meyer said in a statement announcing the raid. “But we also want to make sure no other news organization is ever exposed to the Gestapo tactics we witnessed today.”

An empty spot on reporter Phyllis Zorn's desk shows where the tower for her computer sat before law enforcement officers seized it in a raid on the Marion County Record, in Marion County, Kan., on Aug. 13, 2023. John Hanna/AP Photo

Alleged DUIs

The raids on the family-owned newspaper occurred after a warrant was issued and signed by local Kansas Judge Laura Viar.

Judge Viar was allegedly arrested at least twice for driving under the influence (DUI) in two different Kansas counties in 2012 while she was lead prosecutor for Morris County, according to local reports.

Judge Viar did not respond to a request for comment from a local media outlet, The Wichita Eagle, on the alleged DUIs.

The Kansas Office of Disciplinary Administration (ODA), which investigates and disciplines lawyers, also declined to say whether or not it was aware of any arrests or criminal charges while Judge Viar was a prosecutor.

“What I can disclose to you is that Judge Viar holds an active law license and has no prior attorney discipline,” Matthew J. Vogelsberg, chief deputy disciplinary administrator for the ODA, told the publication.

The Epoch Times has contacted Judge Viar for further comment.

The raids were tied to a complaint from local restaurant owner Kari Newell, who accused the Marion County Record of illegally accessing and disseminating sensitive information about her driving record—a drunken driving conviction against her—and suggested that the newspaper was targeting her because she had thrown Mr. Meyer and a reporter out from an event held at her restaurant earlier in August.

Eric Meyer, the editor and publisher of the Marion County Record, answers questions about a raid by local police and sheriff's deputies on his newspaper's newsroom and his home, in Marion, Kan., on Aug. 13, 2023. John Hanna/AP Photo

Marion County Record Co-owner Dies

Ms. Newell had reportedly accused the newspaper of invading her privacy and illegally accessing the information about her driving record, although the paper said it had legally obtained the information from a tip and used public online records to verify details.

“[The] entire debacle was brought forth in an attempt to smear my name, jeopardize my licensing through ABC [state Alcoholic Beverage Control Division], harm my business, seek retaliation, and for personal leverage in an ongoing domestic court battle,” Ms. Newell said in a statement cited by the Kansas Reflector.

The newspaper ultimately opted not to publish the information and instead contacted the police. However, it did publish a story about a city council meeting in which Ms. Newell herself confirmed she’d had a DUI conviction in 2008 and that she had continued to drive even after her license was suspended, the Newton Kansan reported.

Mr. Meyer’s 98-year-old mother, Marion County Record co-owner Joan Meyer, collapsed and died Saturday, the day after police raided the home she shared with her son.

He believes the stress from the raid contributed to his mother’s death.

“One nice thing … is the outpouring of public support and the support from news organizations and journalistic organizations afterward would almost vindicate her. I think she would feel good about that,” he told CNN on Wednesday.

Following the raid, more than 30 major news organizations and the Reporters Committee for Freedom of the Press (RCFP) argued that the actions of the Marion Police Department infringed on the paper’s rights and may have violated federal law that restricts law enforcement’s ability to conduct newsroom searches.

Meanwhile, the Society of Professional Journalists has pledged to allocate $20,000 in legal fees for the Marion County Record, should it pursue legal action following the raids.

Tom Ozimek contributed to this report.