Kansas paper publishes on schedule despite police seizure of computers etc., which attorney and judge get returned - Entrepreneur Generations

Marion County Record Publisher Eric Meyer talked with journalists after his weekly newspaper hit the stands Wednesday. The subhead reads "but not silenced". (Kansas Reflector photo by Sherman Smith; for a larger version, click on it.)

The Marion County Record published its regular weekly edition today, after an all-nighter, and won another victory when the county attorney and a judge told local police who had seized the Kansas newspaper's computers and other materials last Friday to return them.

“I have come to the conclusion that insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized,” County Attorney Joel Ensley said. “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.” District Judge Ben Sexton signed the order Wednesday morning, and the property was returned to the paper. Publisher Eric Meyer said it would undergo forensic examination "to find out whether law enforcement had accessed or reviewed any of their records."

Ensley said the Kansas Bureau of Investigation would make a report to him, after which he would decide if there was evidence “to support a charge for any offense.” Ensley also said he would ask the county District Court to release the affidavit that was the basis for the search warrants signed by Magistrate Judge Laura Viar, reports Sherman Smith of the Kansas Reflector.

Viar signed the warrants "under the pretense that [Gideon] Cody, the police chief, had reason to believe a newspaper reporter committed identity theft and unlawful use of a computer," Smith reports. "It wasn’t clear what evidence would support such a search warrant, or if Cody and Viar understood the significance of raiding a newsroom." Katherine Jacobsen, program coordinator for the Committee to Protect Journalists, said at the newspaper office that "She wasn’t aware of any other example of police raiding a newsroom in United States history," the Reflector reports.

The Record has been investigating Cody's employment history, but has not published a story.

from The Rural Blog https://ift.tt/Kng7zLp Kansas paper publishes on schedule despite police seizure of computers etc., which attorney and judge get returned - Entrepreneur Generations

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