Sherman Smith, Kansas Reflector
October 8, 2024
Police raided the Marion County Record office on Aug 11, 2023, after Magistrate Judge Laura Viar authorized search warrants without regard for federal and state law that prohibit the search and seizure of journalists’ materials. The newspaper office is seen here on July 25, 2024. (Grace Hills/Kansas Reflector)
MARION — Former Marion Police Chief Gideon Cody returned Monday to the town where he raided a newspaper to face a dozen journalists along with a felony charge for his actions after the raid.
Cody led police in the Aug. 11, 2023, raid on the Marion County Record, the editor’s home and a councilwoman’s home under the false pretense that a newspaper reporter had committed identity theft by looking up restaurateur Kari Newell’s driving record. Special prosecutors charged Cody with one count of interference with the judicial process, a low-level felony, for asking Newell after the raid to delete text messages between the two. Cody told her he was concerned their relationship would be misinterpreted, according to court documents.
One year later, Cody is party to five federal civil lawsuits in addition to the criminal case.
Monday’s hearing, which lasted less than 10 minutes, was Cody’s first public appearance in the town since he resigned as police chief amid intense scrutiny in October 2023. In a courtroom with an audience mostly of reporters, Cody was straight-faced and silent.
District Judge Ryan Rosauer rejected Cody’s motion to dismiss the charge for lack of probable cause.
Rosauer, prosecutors and Cody’s defense agreed that Cody won’t be required to appear in court for minor hearings and case proceedings, including the case’s next scheduled hearing on Dec. 16. Court filings show Cody is believed to be living in Hawaii.
Cody and Sal Intagliata, a Wichita attorney who is defending Cody, declined to answer reporters’ questions as they left the courthouse. Intagliata said the “full story” would come out as the case is litigated in court. Cody didn’t speak.
Intagliata, as he ushered Cody into a car, told reporters: “If I have any comment at all on behalf of Mr. Cody, it would be this: that the people of Marion County, really the most important people involved in this situation, take a minute to reserve judgment, take a moment to, like, avoid jumping to conclusions, and allow the system to work.”
Cody won’t be required to pay a cash bond. Instead, Rosauer ordered a $5,000 personal recognizance bond, which Cody only will have to pay if he fails to show up to court when required.
If convicted, Cody would face presumed probation
Following the hearing, Marion County Record editor and publisher Eric Meyer answered questions from a dozen reporters who gathered outside the newspaper office across the street from the courthouse. They asked him to respond to Intagliata.
“We can take a delay of the justice system, as long as the delay actually results in proper assessment of things,” Meyer said. “We’re not in a hurry. He should have plenty of time to think about what he did.”
Meyer said Cody shouldn’t be the only one who is charged with a crime. Others, Meyer said, should have intervened — including other police officers, the sheriff, the county attorney, and the magistrate who signed the search warrants.
“Somewhere the system failed,” Meyer said. “These are the people who are supposed to protect our rights. They didn’t do it. That’s why I hate to see Gideon Cody be the fall guy for all this. Yes, he deserves a great deal of credit or blame for what went on in here, but there are others who were well aware of it.”
Kansas Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kansas Reflector maintains editorial independence. Contact Editor Sherman Smith for questions: info@kansasreflector.com. Follow Kansas Reflector on Facebook and X.
October 8, 2024
Police raided the Marion County Record office on Aug 11, 2023, after Magistrate Judge Laura Viar authorized search warrants without regard for federal and state law that prohibit the search and seizure of journalists’ materials. The newspaper office is seen here on July 25, 2024. (Grace Hills/Kansas Reflector)
MARION — Former Marion Police Chief Gideon Cody returned Monday to the town where he raided a newspaper to face a dozen journalists along with a felony charge for his actions after the raid.
Cody led police in the Aug. 11, 2023, raid on the Marion County Record, the editor’s home and a councilwoman’s home under the false pretense that a newspaper reporter had committed identity theft by looking up restaurateur Kari Newell’s driving record. Special prosecutors charged Cody with one count of interference with the judicial process, a low-level felony, for asking Newell after the raid to delete text messages between the two. Cody told her he was concerned their relationship would be misinterpreted, according to court documents.
One year later, Cody is party to five federal civil lawsuits in addition to the criminal case.
Monday’s hearing, which lasted less than 10 minutes, was Cody’s first public appearance in the town since he resigned as police chief amid intense scrutiny in October 2023. In a courtroom with an audience mostly of reporters, Cody was straight-faced and silent.
District Judge Ryan Rosauer rejected Cody’s motion to dismiss the charge for lack of probable cause.
Rosauer, prosecutors and Cody’s defense agreed that Cody won’t be required to appear in court for minor hearings and case proceedings, including the case’s next scheduled hearing on Dec. 16. Court filings show Cody is believed to be living in Hawaii.
Cody and Sal Intagliata, a Wichita attorney who is defending Cody, declined to answer reporters’ questions as they left the courthouse. Intagliata said the “full story” would come out as the case is litigated in court. Cody didn’t speak.
Intagliata, as he ushered Cody into a car, told reporters: “If I have any comment at all on behalf of Mr. Cody, it would be this: that the people of Marion County, really the most important people involved in this situation, take a minute to reserve judgment, take a moment to, like, avoid jumping to conclusions, and allow the system to work.”
Cody won’t be required to pay a cash bond. Instead, Rosauer ordered a $5,000 personal recognizance bond, which Cody only will have to pay if he fails to show up to court when required.
If convicted, Cody would face presumed probation
Following the hearing, Marion County Record editor and publisher Eric Meyer answered questions from a dozen reporters who gathered outside the newspaper office across the street from the courthouse. They asked him to respond to Intagliata.
“We can take a delay of the justice system, as long as the delay actually results in proper assessment of things,” Meyer said. “We’re not in a hurry. He should have plenty of time to think about what he did.”
Meyer said Cody shouldn’t be the only one who is charged with a crime. Others, Meyer said, should have intervened — including other police officers, the sheriff, the county attorney, and the magistrate who signed the search warrants.
“Somewhere the system failed,” Meyer said. “These are the people who are supposed to protect our rights. They didn’t do it. That’s why I hate to see Gideon Cody be the fall guy for all this. Yes, he deserves a great deal of credit or blame for what went on in here, but there are others who were well aware of it.”
Kansas Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kansas Reflector maintains editorial independence. Contact Editor Sherman Smith for questions: info@kansasreflector.com. Follow Kansas Reflector on Facebook and X.
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