Kansas Newspaper Police Raid Linked to Alleged Impersonation, Court Documents Reveal

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In previously undisclosed court papers, the police chief who directed the raid on a Kansas newspaper charged that a reporter may have either impersonated someone or falsified her intentions to obtain the driving records of a local entrepreneur.

However, reporter Phyllis Zorn, along with Marion County Record Editor and Publisher Eric Meyer and the paper’s attorney, asserted on Sunday that Zorn’s access to information about restaurant owner Kari Newell on a state public website did not break any laws.

The international spotlight turned to the small central Kansas town following the raid, led by Marion Police Chief Gideon Cody, on Aug. 11. The situation has spurred discussions about press freedom. Although computers, personal phones, and a router were confiscated from the newspaper, they were returned on Wednesday, as the county prosecutor found insufficient evidence to back the actions.

Late on Saturday, Bernie Rhodes, the attorney for the Record, shared the affidavits used for the raid with The Big Big News and other media outlets. These previously unreleased documents disclosed that the acquisition of Newell’s driving record by Zorn prompted the raid.

Acting on an anonymous tip, the newspaper looked up the Kansas Department of Revenue’s public website for details regarding Newell’s driver’s license status in connection to a 2008 DUI conviction.

Cody’s affidavit stated that the Department of Revenue informed him that the information was downloaded by Zorn and someone using Newell’s name. He reached out to Newell, who believed her identity was stolen, leading Cody to claim that the downloading act involved deception or impersonation.

Although usually confidential, the license records can be accessed under certain conditions, as noted in the affidavit. For instance, the records can be provided for legal matters, insurance inquiries, and statistical research, provided personal details remain undisclosed.

Zorn clarified that her actions were legal and followed guidance from the Department of Revenue. Meyer revealed that they had Newell’s information but chose not to write about her record. The state investigation into potential legal violations continues, with the Kansas Bureau of Investigation now in charge.

Legal experts argue that the raid may have infringed federal privacy law that protects journalists, as well as a Kansas law that restricts compelling reporters to reveal sources or unpublished content.

Cody has remained silent on requests for comment but defended the raid on Facebook, arguing that exceptions exist for journalists involved in wrongdoing.

The Record has seen significant support and gained thousands of new subscribers since the incident. Meyer also attributes the stress from the raid to the death of his 98-year-old mother, Joan Meyer, the paper’s co-owner, whose funeral was held on Saturday.

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• Marion County Record
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