Newspaper's co-owner, 98, collapses and dies after 'Gestapo-like' police raid

[MechAg94]

I am sure there will be more fall out, but that certainly won't hurt the probable wrongful death lawsuit.

[Hawkmoon]

Marion County attorney reviewed police seizures and found “insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized. ...As a result, I have submitted a proposed order asking the court to release the evidence seized. I have asked local law enforcement to return the material seized to the owners of the property."

https://www.kcbd.com/2023/08/16/kansas-newspaper-raided-by-police-strikes-back-first-print-edition-since-search/?fbclid=IwAR0yyIdmWzcDEgsSvAOWULWsKConCA1e05Kpi0VugUWg_07FfYZEt5U4koI

TL/DR version: PoPo submits "evidence" to County Attorney for prosecution. County Attorney reviews and finds nothing to justify PoPo's actions. County Attorney quickly distances himself by issuing "Give the newspaper their stuff back" request to court. Presumably there were several versions of "WHAT THE F**K WERE YOU THINKING!!!!" voiced, but again, only presumption.

When your county attorney, someone who's usually all cozy with local law enforcement, reviews the stuff you've seized and says, 'No Dice", it's pretty bad.

Brad

The County Attorney position is probably elected, and he probably wants to get reelected.

[Hawkmoon]

County prosecutor has withdrawn the search warrants and told to popo to return the stuff.

https://www.youtube.com/watch?v=1zMVzZjwJX0

[JTHunter]

Now I'm waiting to see if the paper's co-owner files a "wrongful death" lawsuit against the chief and possibly the judge that issued the warrant. 

[MechAg94]

REVEALED: The explosive Marion council meeting that sparked a police raid on local Kansas newspaper office - as furious restaurant owner Kari Newell accuses official of leaking her DUI info to the press and slams 'malicious' behavior
https://www.dailymail.co.uk/news/article-12408893/Kansas-restaurant-owner-police-raid-local-paper-owner-died.html

If someone at the department accessed her records, there is probably an electronic record of that if they really want to know.  Unless they have no control over passwords and access in general.

[WLJ]

More

The Marion County Record raid, which drew national attention, was led by Marion Police Chief Gideon Cody on Aug. 11. Cody alleged that a reporter lied about her intentions or impersonated someone else when she was gathering the driving records of local restaurant owner Kari Newell.

Newell previously argued that the paper violated her privacy and committed a crime by gathering the information about her, but the newspaper has maintained their methods were legal.

Reporter Phyllis Zorn had accessed a public website when gathering information about Newell. Zorn had used Newell's name in the search, and police said it was identity theft to do so. A source had also given the paper Newell's date of birth and license number unsolicited.

https://www.foxnews.com/us/kansas-reporter-accused-breaking-law-controversial-marion-county-newspaper-raid-documents

[Hawkmoon]

More
https://www.foxnews.com/us/kansas-reporter-accused-breaking-law-controversial-marion-county-newspaper-raid-documents

Last I knew, it wasn't illegal to search a public web site for information about some other person.

Heck, for 5 or 10 bucks you can go to any of a number of 4-1-1 type sites and get a report with all sorts of information about anyone.

[Brad Johnson]

Not looking good for the Marion PD, and especially police chief Gideon Cody.

https://www.kcbd.com/2023/09/05/kansas-newspapers-lawyer-says-police-didnt-follow-warrant-last-months-newsroom-search/?fbclid=IwAR3aKByCOkZnQYHRMdeS2gQ-e_aPJx72CtvDOcgGPmxP6CsQ5A2GB8a7C98

Brad

[Hawkmoon]

So if I wanted to search the Internet and not leave a trail, how could I possibly do that so the heroic sleuths of the Marion PD couldn't track me?

Lemme see:

Proton free VPN. Log onto the Internet through a random IP somewhere in the U.S. (or Europe, or Japan). Check.

Duckduckgo search engine -- doesn't record your search history. Check.

It's so easy a ten-year old could figure it out.

If I'm a big spender, I go to 411.com  and maybe another of those sites and pay them 10 bucks each to run a search of all public records on the individual I'm researching.

[K Frame]

Boy, for being advised to not comment on the raid, the Mayor is certainly throwning down a "we support the actions of the police 100%" smokescreen.

[K Frame]

Just noticed that in the August 21 story, police also took a router?

What kind of information could anyone glean from a router?

[griz]

Just noticed that in the August 21 story, police also took a router?

What kind of information could anyone glean from a router?

If the purpose of the raid was to punish the newspaper, then taking everything, regardless of evidentiary value, was part of the process.

[K Frame]

But they apparently didn't take everything.

[Hawkmoon]

But they apparently didn't take everything.

What did they leave?

They took the computers, they took cell phones, they took thumb drives, and they took the router.

Maybe they left the printer/copier?

[K Frame]

I've seen claims that they didn't take all of the computers at the newspaper, or all of their servers. They also didn't take cell phones from all of the reporters.

And, no indication if they took computers from the publisher's home.

[Hawkmoon]

I thought they DID take the computers from the publisher's home. Now I'm not certain.

If they didn't take the computers, what was the purpose of raiding the home?

[RoadKingLarry]

I thought they DID take the computers from the publisher's home. Now I'm not certain.

If they didn't take the computers, what was the purpose of raiding the home?

Intimidation and fear.

[Hawkmoon]

Intimidation and fear.

Exactly.

Except it didn't work out exactly as they had intended ...

[K Frame]

Intimidation and fear.

Bingo.

[WLJ]

Update
The woman who triggered all of this is packing up and leaving town. She says it has nothing to do with the discussed event of this thread.

I do not pit any responsibility on the newspaper for this outcome.'

Newell, who opened Kari’s Kitchen last May at 301 Santa Fe St., blamed complications in her divorce for the shuttering of the café

.

Coffee shop owner at center of Kansas newspaper police raid scandal that led to death of its 98-year-old proprietor SHUTTERING her store - as she doubles down and claims 'no responsibility' for the death
https://www.dailymail.co.uk/news/article-12951801/marion-country-record-kansas-newspaper-raid-kari-newell-shop-closed.html

[Jim147]

She has another store in the same town that makes more money.

[230RN]

Now I'm waiting to see if the paper's co-owner files a "wrongful death" lawsuit against the chief and possibly the judge that issued the warrant. 

I think the judges are off the hook for this kind of *expletive deleted*it.  They have to rely on affadavits regarding the evidence justifying a search and if the affiants are lying, that's where the problem lies. Ideally, the judges should press harder for the "evidence," but I don't think they have to.  If resistance to issue the warrant is felt, I guess the police can "shop around" for a more compliant judge.  Corrections welcome.

If the purpose of the raid was to punish the newspaper, then taking everything, regardless of evidentiary value, was part of the process.

Agreed.  I was thinking of that genius lawyer who successfully invoked the Fifth Amendment regarding just compensation for damages incurred and property taken while executing a search (and destroy) warrant.  That case kind of messed up much of the "qualified immunity" cop-out.  Corrections welcome.

Terry, 230RN