More details emerge about the police raid against a Kansas newspaper

We’re starting to learn more about why police in Marion, Kansas, raided a newspaper office and two private homes, possibly leading to the death of the newspaper’s 98-year-old co-publisher, Joan Meyer. It’s pretty thin gruel, and it certainly doesn’t justify the police department’s violation of federal law in not seeking a subpoena before making off with the Marion County Record’s computers, cellphones and other materials.

According to Jonathan O’Connell and Jon Swaine of The Washington Post (free link), Phyllis Zorn, a reporter for the Record, may have broken privacy laws by downloading documents pertaining to a local restaurateur’s history of drunken driving and driving without a license. She obtained those records from a state database, possibly by claiming to be the restaurant owner or by lying about her reasons for seeking the documents. (Jim Salter of The Associated Press has a similar story.)

This story has been convoluted from the start, and I’m not going to try to parse all of it here. You can read the Post’s article if you’re interested in the details, but here is some pertinent information: Zorn already had a copy of the documents, given to her by an enemy of the restaurant owner, Kari Newell, and was using the state database to confirm their authenticity. The Record’s publisher, Eric Meyer, reportedly told Newell the paper would not use the records for a story because of the way Zorn had obtained them — although some of the details were published anyway because they came out at a city council meeting. Meyer and Zorn have both denied that the Record broke any laws.

The local prosecutor has ordered that the materials seized by police be returned to the Record.

State authorities are said to be investigating the newspaper’s actions but not those of the police department. That’s fine, but the U.S. Justice Department needs to undertake its own investigation.

In other developments:

Danielle Kaye of NPR reports that the Record has compiled an admirable record over the years for its tough watchdog journalism. “Founded in 1869,” she writes, “the paper is known for its hard-hitting coverage of local government decisions and holding people in positions of power accountable.”

• In The New York Times, Kevin Draper writes (free link) that the Record’s scrappy brand of local journalism is controversial among some local residents — especially since Eric Meyer came home several years ago from the Milwaukee Journal Sentinel, where he had been a reporter and editor, to take charge of the family business. Draper asks: “What is the appropriate relationship between a community and a local news organization, and what duty, if any, does it have to be a booster for the places it covers?”

• Magistrate Judge Laura Viar, who signed the search warrant used to in the raid, has her own history of drunken driving, reports Chance Swaim of The Wichita Eagle. Viar “was arrested at least twice for DUI in two different Kansas counties in 2012, a Wichita Eagle investigation found.”

• The Kansas City Star has confirmed earlier reporting by Marisa Kabas of The Handbasket that Marion Police Chief Gideon Cody left his previous job at the Kansas City Police Department after being accused of sexual misconduct. The Star’s paywall appears to be impenetrable, but Kabas writes that the Star found Cody was demoted after he allegedly disparaged a female officer and made sexist comments. Rather than accept the demotion, Cody took the job in Marion. Eric Meyer says the Record was reporting on Cody’s past at the time of the raid.

Earlier:

Correction: Phyllis Zorn contacted me on Dec. 13 and informed me that Eric Meyer has not filed a lawsuit. I’ve updated my story accordingly.

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The New York Times pays tribute to Kansas newspaper woman Joan Meyer

Joan Meyer, the 98-year-old newspaperwoman who was literally scared to death after a thuggish police raid on her home in Marion, Kansas, is the subject of a lengthy obituary in today’s New York Times (free link). Mrs. Meyer, the co-publisher of the Marion County Record, collapsed and died Saturday, the day after police descended on the paper’s office; the home she shared with her son, publisher Eric Meyer; and the home of the vice mayor. Clay Risen writes:

As at most small-town papers, job titles at The Record are nominal; everyone does everything. Editors might write articles, reporters might sweep the floors. Mrs. Meyer worked as a copy editor and the social news editor, and for decades she wrote a column about local history called Memories.

“She was a walking encyclopedia of local history,” Rowena Plett, a features reporter for The Record, said in a phone interview.

Risen adds that Mrs. Meyer “refused to let anyone, even her husband or son, touch her copy.” Truly a woman after my own heart.

The raid was supposedly related to an investigation into how the Record obtained documents about the drunken-driving history of a local caterer. But I would definitely keep an eye on Eric Meyer’s revelation that the newspaper was investigating the possibility that Police Chief Gideon Cody left his previous job in Kansas City, Missouri, after he was accused of sexual misconduct.

Earlier:

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Kansas police chief claims secret information to justify newspaper raid

On Sunday, The New York Times and The Washington Post finally picked up on the police raid targeting the office of the Marion County Record as well as the publisher’s and vice mayor’s home. The action against the Kansas newspaper — illegal on its face under federal law since officials had not obtained a subpoena — has sparked a growing outcry, and may have led to the death of the paper’s 98-year-old co-owner, Joan Meyer.

The Post story, by Sofia Andrade and Paul Farhi, led with Meyer’s death. The Times story, by Stephen Lee Myers and Benjamin Mullin, weirdly saved that detail for the kicker. As I’ve written previously, Joan Meyer was at home Friday when police burst in and, according to her son, editor Eric Meyer, collapsed and died the following day after a sleepless, stress-filled night.

The Times quotes Marion Police Chief Gideon Cody as defending the raid, saying, “I believe when the rest of the story is available to the public, the judicial system that is being questioned will be vindicated.” The story adds that Cody declined to provide any additional information.

This is, of course, the classic defense by small-minded people with a little bit of power: If you knew what I know, then you’d know what I know. It’s ridiculous, and of course there’s nothing to stop Cody from sharing enough information to explain why he thought it necessary to seize computers, cellphones and financial records without even bothering to seek a subpoena, as required under the federal Privacy Protection Act.

The investigation was supposedly related to documents the Record had obtained about the drunken driving arrest of a local caterer, but that seems pretty unlikely. More to the point is that, according to Eric Meyer, the paper was looking into sexual misconduct allegations involving Chief Cody at his previous position in Kansas City, Missouri, from which he retired.

In other developments:

• The Reporters Committee for Freedom of the Press has published an open letter to Chief Cody signed by 34 media and press freedom groups to “condemn” the raid, stating in part:

Based on public reporting, the search warrant that has been published online, and your public statements to the press, there appears to be no justification for the breadth and intrusiveness of the search — particularly when other investigative steps may have been available — and we are concerned that it may have violated federal law strictly limiting federal, state, and local law enforcements ability to conduct newsroom searches. We urged you to immediately return the seized material to the Record, to purge any records that may already have been accessed, and to initiate a full independent and transparent review of your department’s actions.

Among the signatories: The New York Times, The Washington Post and The Boston Globe.

• Eric Meyer plans to file a federal lawsuit over the raid, according to Sara Fischer and Rebecca Falconer of Axios.

Earlier:

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