TOPEKA, Kan. (AP) — A former Kansas police chief who led a raid last year on a weekly newspaper has been charged with felony obstruction of justice and is accused of persuading a potential witness to withhold information from authorities when they later investigated his conduct.
The single charge against former Marion Police Chief Gideon Cody alleges that he knowingly or intentionally influenced the witness to withhold information on the day of the raid of the Marion County Record and the home of its publisher or sometime within the following six days. The charge was filed Monday in state district court in Marion County and is not more specific about Cody's alleged conduct.
The raid sparked a national debate about press freedom focused on Marion, a town of about 1,900 people set among rolling prairie hills about 150 miles (241 kilometers) southwest of Kansas City, Missouri. Also, newspaper Publisher Eric Meyer's mother, who co-owned the newspaper and lived with him, died the next day of a heart attack, and he blames the stress of the raid.
Meyer said last week that authorities appear to be making Cody the “fall guy” for the raid when numerous officials were involved. He said Tuesday that he suspects the criminal case ultimately will be resolved through a plea bargain so that Cody will not have a trial that would more fully disclose details about the raid.
“We're just being basic journalists here,” he said. “We want the whole story. We don't want part of it.”
A report from two special prosecutors last week referenced text messages between Cody and a local business owner after the raid. The business owner has said that Cody asked her to delete text messages between them, fearing people could get the wrong idea about their relationship, which she said was professional and platonic.
The Associated Press left a message seeking comment at a possible cellphone number for Cody, and it was not immediately returned Tuesday. Attorneys representing Cody in a federal lawsuit over the raid are not representing him in the criminal case and did not immediately know who was representing him.
Cody justified the Aug. 11, 2023, raid by saying he had evidence that Meyer, the newspaper and one of its reporters, Phyllis Zorn, had committed identity theft or other computer crimes in verifying the authenticity of a copy of the business owner's state driving record provided to the newspaper by an acquaintance. The business owner was seeking Marion City Council approval for a liquor license and the record showed that she potentially had driven without a valid license for years. However, she later had her license reinstated.
The prosecutors' report concluded that no crime was committed by Meyer, Zorn, or the newspaper and that Cody reached an erroneous conclusion about their conduct because of a poor investigation. Zorn used the information she had to legally search an online state database using her own name.
The prosecutors also said police search warrants signed by a judge contained inaccurate information because of the “inadequate investigation” and were not legally justified. But the prosecutors said they couldn't show that Cody had intentionally misled the judge.
The obstruction of justice charge against Cody was filed by one of the special prosecutors, Barry Wilkerson, the top prosecutor in Riley County in northeastern Kansas. The other special prosecutor is Marc Bennett, the district attorney in Sedgwick County, the home to the state's largest city of Wichita.
A conviction for a first-time offender can be punished by up to nine months in prison, though under the state's sentencing guidelines, the typical penalty is 18 months or less of probation.
The Record's publishing company and current and former staffers have filed four federal lawsuits against Cody and other former and current local officials. The publishing company's lawsuit includes a wrongful death claim and suggests total damages exceed $10 million. The city's current annual budget is about $9.5 million.
The publishing company also filed an open records lawsuit last month in state district court, seeking to force the city to turn over texts between police and other local officials.
Police body-camera footage of the 2023 raid on the publisher's home shows the publisher's 98-year-old mother, Joan Meyer, visibly upset and telling officers, “Get out of my house!”
The prosecutors said they could not charge Cody or other officers involved in the raid over her death because there was no evidence they believed the raid posed a risk to her life.
The prosecutors also said there was no “gross deviation” from how officers served other search warrants in the past. However, Eric Meyer said seven officers came to the house for the search.
“A couple of weeks earlier, they conducted a raid on the home of a suspected child rapist who was known to have guns in his house, and they only sent two cops for that,” he said.
FILE - This image from Marion, Kan., Police Department body camera video provided by the McDonald Tinker law firm shows former Marion Police Chief Gideon Cody during his department's raid of the Marion County Record newspaper on Aug. 11, 2023, in Marion, Kan. (McDonald Tinker via AP)
FILE - A stack of the Marion County Record sits in the back of the newspaper's building, awaiting unbundling, sorting and distribution, Aug. 16, 2023, in Marion, Kan. Two special prosecutors said Monday, Aug. 5, 2024, that they plan to file a criminal obstruction of justice charge against a former central Kansas police chief over his conduct following a raid last year on his town's newspaper, and that the newspaper's staff committed no crimes. (AP Photo/John Hanna, File)
Hezbollah pounded northern Israel with 140 rockets Friday, a day after the militant group’s leader vowed to retaliate against Israel for a mass bombing attack, the Israeli military and the militant group said.
Israel’s military said the rockets came in three waves Friday afternoon targeting sites along the ravaged border with Lebanon.
In Gaza, Palestinian authorities said 15 people were killed overnight in multiple Israeli attacks.
An airstrike early Friday morning in Gaza City hit a family home, killing six people including an unknown number of children, Gaza’s Civil Defense said. Another person was killed in Gaza City when a strike hit a group of people on a street.
Israel maintains it only targets militants and accuses Hamas and other armed groups of endangering civilians by operating in residential areas. The military, which rarely comments on individual strikes, had no immediate comment.
Gaza’s Health Ministry says more than 41,000 Palestinians have been killed in the territory since Hamas’ Oct. 7 attack. The ministry does not differentiate between fighters and civilians in its count but says a little over half of those killed were women and children.
Israel says it has killed over 17,000 militants, without providing evidence.
Meanwhile, the leader of Lebanon’s Hezbollah is promising to retaliate for deadly attacks on its communication devices after Israel’s defense minister announced a “new phase” of the war. Fears are increasing that 11 months of exchanges of fire between the two sides will escalate into all-out war.
Hezbollah began striking Israel almost immediately after Hamas’ Oct. 7 attack that sparked the Israel-Hamas war. They have come close to a full-blown war on several occasions.
Here's the latest:
Palestinian authorities say 15 people were killed overnight in the Gaza Strip in multiple Israeli attacks.
An airstrike early Friday morning in Gaza City hit a family home, killing six people including an unknown number of children, Gaza’s Civil Defense said. Another person was killed in Gaza City when a strike hit a group of people on a street.
In Beit Hanoun, north of Gaza City, another person was killed and several others injured when a vehicle was hit by an Israeli strike, the Civil Defense said.
Late Thursday, six more people were killed in a strike that hit a home in the center of Gaza City, while another was killed in Beit Lahya, north of Gaza City.
Israel maintains it only targets militants and accuses Hamas and other armed groups of endangering civilians by operating in residential areas. The military, which rarely comments on individual strikes, had no immediate comment.
The war has caused vast destruction and displaced about 90% of Gaza’s population of 2.3 million.
BAGHDAD — A leader of an Iranian-backed Iraqi militia was killed Friday in a strike in Syria, a war monitor and a militia official said.
Iraq’s Kataeb Hezbollah group — which is different from the Lebanese militant group Hezbollah — said in a statement that Abu Haidar al-Khafaji was killed “while performing his duties as a security advisor in Damascus.”
The UK-based Syrian Observatory for Human Rights had earlier reported that a leader in Iraq’s Kataeb Hezbollah group was killed and another person injured in a drone strike on the car they were traveling in on the road to the Damascus airport.
An official with an Iraqi militia confirmed that a car carrying a group of militia members was struck in Damascus, killing one person and injuring three others. The official spoke on condition of anonymity because he was not authorized to speak to the media.
There was no comment from Israeli officials on the strike. Israel frequently strikes Iranian and Iran-linked groups in Syria but rarely acknowledges the strikes.
Tensions have heightened in the region following a wave of apparently remotely detonated explosions in Lebanon targeting pagers and walkie talkies belonging to the Lebanese Hezbollah. The attacks, widely blamed on Israel, which has not commented on them, killed at least 37 people - including two children - and wounded about 3,000.
— By Qassim Abdul-Zahra in Baghdad
BEIRUT — Israel’s military killed two Hezbollah members who were planting explosives along the border over the weekend, Israel’s military and an official with a Lebanese group said.
The official with a Lebanese group said the two members of the militant group were killed Sunday and their bodies were taken by Israeli troops because they were too close to the fence along the tense frontier. The official spoke Friday on condition of anonymity because he was not authorized to speak to the media.
On Thursday, Israel’s military released a video it said was taken by one of the fighters showing the militants coming under fire. The military said that the two fighters were killed by Israeli troops as they tried to plant an improvised explosive device near a military post.
In the days following the tense border interaction, thousands of devices exploded in different parts of Lebanon and Syria, killing 37 people and wounding around 3,000 others. The attack was blamed on Israel, and many of those killed or injured were members of Hezbollah.
Associated Press writer Bassem Mroue contributed to this report.
Hezbollah members carry the coffin of their comrade who was killed when a handheld device exploded, during a funeral procession in the southern suburbs of Beirut, Thursday, Sept. 19, 2024. (AP Photo/Hussein Malla)
Right-wing Israelis with relatives held hostage by Hamas in the Gaza Strip, and their supporters, rally against a hostage deal, in Jerusalem, Thursday, Sept. 19, 2024. The placard in Hebrew reads: " To bathe in his blood." (AP Photo/Maya Alleruzzo)
Houses are engulfed in fire as the Israeli army raided the northern West Bank town of Qabatiya on Thursday, Sept. 19, 2024. (AP Photo/Majdi Mohammed)
Palestinians duck for cover as the Israeli army raided the northern West Bank town of Qabatiya on Thursday, Sept.19, 2024. (AP Photo/Majdi Mohammed)
FILE - Hezbollah fighters carry one of the coffins of four fallen comrades who were killed Tuesday after their handheld pagers exploded, in the southern suburb of Beirut, Wednesday, Sept. 18, 2024. (AP Photo/Bilal Hussein, File)
