The police chief leading a raid on a local Kansas newspaper claimed a reporter posed as a restaurant owner to access her DUI records, court documents show.
On August 11, police officers raided the offices of the Marion County Record and the paper’s co-owner Joan Meyer, 98, died the next day.
Restaurant owner Kari Newell, 46, sparked the searches after she accused the newspaper of illegally obtaining her 2008 DUI information, which would have thwarted her liquor license application.
Marion Police Chief Gideon Cody wrote in an affidavit that Marion County records reporter Phyllis Zorn either posed as Newell or lied about her motives for accessing the records.
But Zorn, editor and publisher Eric Meyer and the newspaper’s attorney said Sunday no laws were broken when she accessed a public state website to obtain information about the restaurant owner.
The police chief, who led a raid on a local Kansas newspaper, alleged that a reporter posed as a restaurant owner or lied about her intentions to access her DUI data, according to court documents
Marion Police Chief Gideon Cody wrote in an affidavit that Marion County records reporter Phyllis Zorn (pictured) either impersonated Newell or lied about her motives for accessing the records
On August 11, authorities raided the offices of the Marion County Record and the paper’s co-owner Joan Meyer, 98, died the next day as a result of the stress and grief she felt
Police seized computers, personal cellphones and a router from the newspaper in the raid, but all items were released on Wednesday after the district attorney concluded there was insufficient evidence to warrant the action.
Affidavits indicated that Zorn’s procurement of Newell’s driver’s license was the reason for the raid.
Following a lead, the newspaper checked the status of Newell’s driver’s license on the Kansas Department of Treasury’s public website, as it was related to a 2008 drunk driving conviction.
Police Chief Cody wrote in the affidavit that the Treasury Department told him those who downloaded the information were Records reporter Zorn and someone by the name of “Kari Newell.”
He wrote that he contacted Newell, who said, “Someone obviously stole her identity.”
“When the document was downloaded, they either posed as a victim or lied about the reasons they were looking for the file,” Cody added.
License records are normally confidential under state law, but may be viewed in certain circumstances, the affidavit said.
The online user can request their own documentation but must provide a driver’s license number and date of birth.
The recordings may also be shared in other circumstances, for example to lawyers for use in a legal matter; for investigating insurance claims; and for research projects on statistical reports, with the restriction that the personal data will not be shared.
Publisher and editor Meyer said Zorn did indeed contact the Treasury Department prior to her online search and was briefed on how to find records.
The reporter, who was asked to respond to allegations that she used Newell’s name to obtain Newell’s personal information, said, “My response is that I visited a Kansas Department of Treasury website and got the information there .”
She added, “There was nothing illegal or wrong to my knowledge.”
Restaurant owner Kari Newell, 46, sparked the searches after she accused the newspaper of illegally obtaining her 2008 DUI information, which would have thwarted her liquor license application
Zorn, who was asked to respond to allegations that she used Newell’s name to obtain Newell’s personal information, said, “My response is that I visited a Kansas Department of Treasury website and got the information there .”
Publisher and editor Meyer (pictured) said Zorn contacted the Treasury Department prior to her online search and was briefed on how to search for records
Rhodes, the newspaper’s attorney, said Zorn’s actions were legal under both state and federal law.
Using the person’s name “does not constitute identity theft,” Rhodes said. “It’s just the way to access that person’s record.”
The newspaper had Newell’s driver’s license number and date of birth because a source had provided them unsolicited, Meyer said.
It was decided not to write about Newell’s record. But when she revealed at a subsequent city council meeting that she had been driving while her license was suspended, it was reported.
In addition to the raid on the Meyer residence and newspaper offices, the home of Marion City Deputy Mayor Ruth Herbel was ransacked after Newell publicly and violently assaulted her last Monday.
During the August 7 council meeting – four days before the raids – Newell stood up and accused the newspaper and Herbel of illegally obtaining information about her arrest for drunk driving.
Clips show the meeting descending into chaos – with people talking at each other, hands banging on desks and attendees stunned by Newell’s inflammatory allegations.
Newell, who owns Chef’s Plate restaurant at Parlor 1886, took the floor at the council meeting to address the smoldering allegations.
She was not on the agenda because she spoke of the “1886 liquor/caterer license for Chef’s Parlor” but instead began threatening legal action against the attending co-owner Meyer and his newspaper.
It is understood that after voicing her grievances at the chaotic council meeting, she lodged a complaint with the police, who issued a search warrant and launched the raids.
Newell claims her information was also passed to council member Herbel – whose home was also searched – and accused her of “maliciously” passing it on.
“I am concerned that a Council member would be careless and careless in sharing this information with others without taking due care to ensure that the disclosure of the information they shared was at least lawful,” she said.
Meyer denied having passed the information to Herbel.
At this point, several voices, including Council members, begin to speak in shock at Newell’s allegations.
Then someone slams his hand on the desk, points in Newell’s direction and shouts, “Order!” If you wish to speak, you can speak in a few minutes.”
A blank spot on reporter Zorn’s desk shows where the tower for her computer was before police confiscated it
Then Newell uttered the threat before the Council: “It’s going to be a case, that’s why.” I just want to bring that to your attention.’
Meyer then went to the council to defend himself and add context to Newell’s claims. He said: “We were sent some information about Ms Newell last week which we fear was obtained illegally.”
“We received it from someone via a social media message.” We consulted a lawyer to determine if the information was confidential. Our lawyer’s advice was no.
“Nevertheless, we decided not to spread it further.”
He added that he forwarded the information to the sheriff’s office.
Then Herbel asked Eric Meyer, “Has it been shared with me?”
He said, “Certainly not from me.” We didn’t receive it. Someone sent it to us. If you don’t believe it, you can ask the sheriff and the police chief, they have messages I sent last Friday.’
Herbel said police confiscated her laptop and cellphone, and that police showed her the same general search warrant they showed Eric Meyer and the newsroom during those raids — on the grounds that they were investigating “identity theft and unlawful acts related to.” examine computers”.
The police chief who led the raid, Gideon Cody, recently left the Kansas City Police Department, where he served as a captain, after 24 years. And Meyers Zeitung then dealt with the alleged allegations of sexual misconduct against him, he told journalist Marisa Kabas
She added that her 88-year-old disabled husband, who has dementia, was “traumatized” by the raid and shouted her name while police ransacked their home for their personal belongings.
The councilwoman told the Kansas City Star that her house search was “ridiculous” and that the newspaper search conducted by Meyer and his now-deceased mother was an “invasion.”
The investigation into whether the newspaper violated state laws continues and is now being led by the Kansas Bureau of Investigation (KBI).
Attorney General Kris Kobach said he did not see the KBI’s role as investigating police behavior.
Some legal experts believe the Aug. 11 raid violated a federal privacy law that protects journalists from having their newsrooms searched.
Others say it violates a Kansas law that makes it harder to coerce reporters and editors to disclose their sources or unpublished material.
Cody defended the raid in a Facebook post shortly after the raid, saying federal law protecting journalists from raids on newsrooms makes an exception, particularly when “there is reason to believe that the journalist is complicit in the underlying misconduct.” “.
The Record received strong support from other news organizations and media groups after the raid.
Meyer said it gained at least 4,000 additional subscribers, enough to double its circulation, though many of the new subscriptions are digital.
He blamed the stress of the raid for the August 12 death of his mother, Joan. Her funeral service took place on Saturday.
The search warrant for the raid
Meyer blamed the stress of the raid for the August 12 death of his mother, Joan. Her funeral service took place on Saturday
She collapsed and died “in mid-sentence” after refusing to eat due to the utter shock of the raid.
Before Joan died, she told The Wichita Eagle about the raids: “These are Hitler tactics and something must be done.”
Meyer said that when he woke his mother to offer her breakfast, she died in mid-sentence.
“I’m disturbed – I chose that word carefully – when everyone is reporting that they raided our office, but what disturbs me most is that a 98-year-old woman spent her last day on earth trying to protect herself feeling attacked by tyrants who have invaded her home.’
He gave no further details on the newspaper’s investigation into the police chief, but said: “I really don’t think it would be wise for me to say what we’re investigating, other than to classify the allegations as serious.”
On Tuesday it was announced that the newspaper is also investigating Cody for allegations of sexual misconduct.
Cody became the chief of the Marion County Police Department in late April after leaving the Kansas City Police Department following allegations of sexual misconduct.