Police who raided a Kansas newspaper workplace secretly copied knowledge on to an exterior laborious drive after which did not disclose the transfer, a lawyer for the Marion County File has claimed.
Bernie Rhodes, an legal professional for the Kansas newspaper, claimed police allegedly didn’t embody the laborious drive on the listing of proof recorded from the raid.
On Tuesday, Marion County District Courtroom launched the listing of things seized in the course of the raid, which included the laborious drive.
In a letter Rhodes despatched to legal professional Bradley Jantz, who was employed to supply authorized counsel for the county after the August 11 raid, Rhodes wrote:
‘As a result of that drive continues to be within the sheriff’s workplace’s custody, meaning the sheriff nonetheless has entry to the Marion County File’s knowledge – knowledge that’s each constitutionally protected and guarded by federal and state regulation.’
The newspaper’s proprietor, Joan Meyer, died a day after the raid and video confirmed her screaming at police once they searched her dwelling, a day earlier than her passing.
Eric Meyer stands outdoors the Marion County File’s workplace, which was additionally raided
Joan Meyer, 98, collapsed and died following the extreme stress and grief she felt when her dwelling was raided by the whole lot of the Marion Police Division in Kansas – headed by Gideon Cody
‘This entry is prohibited. It additionally clearly violates the District Courtroom’s August 16, 2023, Order.’
‘To be able to guarantee that they really adjust to this order, in contrast to the final order, we’re making them conform to a proper courtroom order,’ Rhodes informed the Kansas Reflector.
The Marion County Sheriff’s Workplace agreed Thursday to destroy the digital information.
Rhodes claimed the sheriff’s workplace denied sharing the copied information with the Kansas Bureau of Investigation.
‘We’ve got not and won’t study something from these warrants,’ mentioned Melissa Underwood, a spokeswoman for the KBI to the Kansas Reflector.
Rhodes informed The Every day Beast the Marion County Sheriff’s Workplace ‘confirmed the actual fact they copied 17 Gigs of knowledge from the newsroom pc system—and so they nonetheless have it.’
He mentioned whereas bodily proof was returned, the sheriff’s workplace didn’t hand over digital knowledge from one of many computer systems they allegedly copied.
The legal professional added because the sheriff’s workplace nonetheless has possession over the laborious drive, they’ve entry to the newspaper’s knowledge, which ‘is each constitutionally-protected and guarded by federal and state regulation.’
‘This entry is prohibited,’ Rhodes informed the Every day Beast. ‘The Sheriff’s failure to adjust to the District Courtroom’s order is inexcusable, and I cannot stand by and wait so that you can select to return my many calls.’
The raid on native newspaper Marion County File’s aged co-owner’s dwelling was sparked by Ryan Newell – the estranged husband of the restaurant proprietor who leaked her DUI info.
The paper didn’t publish the knowledge they discovered about restauranteur Kari Newell, as a result of they believed they have been getting used ‘as a pawn in a contentious divorce’ between her and Ryan.
As a substitute, they handed the knowledge over to the police. The identical officers then seized their computer systems and tools, then raided the newspaper’s homeowners’ dwelling on August 11 – and Joan Meyer, 98, died a day later following the shock.
Unredacted affidavits now reveal that Marion Police Chief Gideon Cody mentioned the raids have been primarily based on the assumption that reporter Phyllis Zorn unlawfully obtained the driving data of Kari Newell, in response to CNN.
The tip about Newell’s DUI was despatched to Zorn by a lady referred to as Pam Maag. Maag mentioned she obtained the data from Kari’s estranged husband, Ryan.
Within the new video – launched by the Marion County File – the girl at one level rolls her walker proper as much as an officer and calls for he wait outdoors
She even makes an attempt to cease the boys and refuses to reply their questions, replying ‘I’m not going to inform you’ when requested what number of computer systems she has
The search warrant that triggered the raids within the identification theft investigation was later withdrawn by county legal professional Joel Ensey- since there was ‘inadequate proof’ to justify why it was issued within the first place.
The driving file that triggered this ordeal is believed to indicate Kari Newell drove and not using a legitimate license after receiving a quotation for driving beneath the affect in 2008.
She was attempting to get a liquor license for her restaurant Chef’s Plate at Parlour 1886 – and knowledge on her DUI might have blocked her from doing so.
Kari and Ryan Newell separated in September, and their divorce proceedings are nonetheless ongoing.
This isn’t the primary time Ryan has been within the headlines. He was as soon as charged with 5 misdemeanors for stalking and felony use of a firearm in opposition to a Westboro Baptist Church household. He’s additionally a double amputee after dropping his limbs in Afghanistan.
Talking in regards to the info, Ryan informed the Kansas Metropolis Star: ‘None of this was achieved out of malice.
‘If she received right into a wreck and had a suspended driver’s license, I’m the one that will be on the hook for it. My insurance coverage firm wouldn’t cowl something, interval.’
Based on the affidavit, Zorn downloaded Newell’s private data simply three minutes earlier than somebody utilizing the identify ‘Kari Newell’ downloaded the data.
This served as the idea for the probe and the raid, Cody mentioned, as a result of it appeared that ‘downloading the doc concerned both impersonating the sufferer or mendacity in regards to the the reason why the file was being sought.’
Rhodes mentioned: ‘It’s not against the law in America to be a reporter. These affidavits show that the one so-called ‘crime’ Chief Cody was investigating was being a reporter.’
Writer and editor Meyer mentioned Zorn truly contacted the Division of Income earlier than her on-line search and was instructed search data.
The reporter, requested to answer the allegations that she used Newell’s identify to acquire Newell’s private info, mentioned, ‘My response is I went to a Kansas Division of Income web site and that’s the place I received the knowledge.’
She added: ‘To not my data was something unlawful or mistaken.’
Rhodes claimed Zorn’s actions have been authorized beneath each state and federal legal guidelines.
Utilizing the topic’s identify ‘just isn’t identification theft,’ Rhodes mentioned. ‘That’s simply the way in which of accessing that particular person’s file.’
The newspaper had Newell’s driver’s license quantity and date of delivery as a result of a supply – Pam Maag – supplied it, unsolicited, Meyer mentioned.
Pam Maag, who’s Ryan Newell’s buddy, was the one that ship Kari’s DUI info to the newspaper
Kari Newell and her estranged husband Ryan Newell. Ryan (proper) ship details about Kari’s 2008 DUI to a lady named Pam Maag, who then contacted the Marion County File reporter
‘Don’t you contact any of that stuff,’ the Marion County File co-owner informed cops within the newly launched footage as she moved round her dwelling with a walker. ‘That is my home. You a*****e!’
Joan’s son Eric Meyer has asserted that his mom, a lifelong journalist, died the day after the raid from being ‘traumatized’ by the incident.
No less than six officers are seen looking out Joan’s dwelling and sorting her belongings as she repeatedly tells them to depart.
‘I don’t need you in my home,’ she says.
Within the video – launched by the Marion County File – the girl at one level rolls her walker proper as much as an officer and calls for he waits outdoors.
‘Did your mom ever love you,’ Joan asks the cop within the video, which amassed greater than 23,000 views in a matter of hours.
‘Get out of my home. You’re trespassing,’ she says to the person.
Two officers try to speak the girl down for the primary minute of the video launched by the newspaper whereas the 4 others proceed the search.
She even makes an attempt to cease the boys and refuses to reply their questions, replying ‘I’m not going to inform you’ when requested what number of computer systems she has.
‘I need to see what they’re doing,’ Joan says as she makes an attempt to make her means across the sofa to see what the officers are taking a look at.
The interplay with police inside her own residence was so upsetting that she died the following day whereas in the course of a dialog.
Through the ordeal, it emerged that police chief Cody was additionally being investigated by the newspaper he raided over allegations of sexual misconduct.
Cody turned chief of the Marion County Police Division in late April, after leaving the Kansas Metropolis police amid allegations of sexual misconduct.
Together with the raid on the Meyer residence and the newspaper workplaces being raided, Marion Metropolis Vice Mayor Ruth Herbel’s dwelling was additionally pillaged after Newell made a private fiery assault on her in public final Monday.
Through the council assembly on August 7 – 4 days earlier than the raids – Newell stood up and accused the newspaper and Herbel of illegally acquiring details about her DUI arrest.
Clips present the assembly descended into chaos – with folks talking over each other, fingers slamming on desks, and individuals being surprised by Newell’s incendiary accusations.
Supply: | This text initially belongs to Dailymail.co.uk