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.
‘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.
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.”
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 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.
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.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.
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.
