The last printed issue of the Marion County Record sits in a display in its office, Sunday, Aug. 13, 2023, in Marion, Kan. Editor and Publisher Eric Meyer says the newspaper will publish its regular weekly issue on Aug. 16, 2023, despite a raid by local law enforcement officers and the seizure of computers and cell phones. (AP Photo/John Hanna)

MARION, Kan. — Eric Meyer, publisher of the Marion County Record, vowed Sunday evening to get the newspaper’s next edition on Wednesday out on time.

The newspaper in this central Kansas community of 2,000 people was the target on Friday of what Meyer called a “coordinated raid” on both the newspaper office and his home simultaneously by the Marion Police Department. That raid has sparked national attention as an attack on the First Amendment. 

Police, led by Chief Gideon Cody, conducted the raid after Marion County Court Magistrate Judge Laura Viar signed a search warrant on Friday morning. The warrant alleged there was probable cause to believe that identity theft and unlawful computer acts may have been committed concerning Marion business owner, Kari Newell.

Meyer denied during an interview in his office on Sunday that the newspaper did anything illegal. The newspaper sought a copy of the probable cause affidavit required for the search warrant that resulted in the raid, but Meyer said the district court told him the court was unable to produce it “as there is not a P.C. affidavit filed.”

The police seizure of the newspaper’s computers, cell phones, and other material has left Meyer and his staff scrambling to get out the next edition.

“We have managed to cobble together a computer network that will let us publish,”  Meyer added. “I’ve heard of it (happening) before in Egypt. I’ve heard of it before in Russia,” Meyer, 69, said while in his office Sunday. “I’ve never heard of it before in America.”

Meyer also spoke of his 98-year-old mother, Joan Meyer, co-owner of the Record, who died the day after the raid at the home she shared with her son. He attributed that to stress from the raid.

“She was totally beside herself,” he said.

Meyer said the newspaper received information from a confidential source that Newell had been convicted of drunken driving in 2008 and had driven without a license. The newspaper did not publish a story about the information and Meyer alerted local police of the situation.

The Marion County Record had published a story about Newell having Meyer and a reporter removed from her business when they showed up to cover a public reception for U.S. Rep. Jake LaTurner, R-Kansas. 

Newell, who could not be reached for comment Sunday, accused the newspaper at a city council meeting of illegally obtaining the information about her.

Meyer also said in the interview on Sunday that the paper also has been investigating the police department following several allegations that had been received after the hiring of Cody as chief this spring.

Getting help

Meyer said, he is determined to get the paper out, adding: “We will produce a newspaper. Our deadline is midnight Tuesday.”

He added that other newspapers have rallied to help. “We have had people offering to get in their cars from Texas and offer to drive their computers to us. It’s what’s in the computer that’s the problem. And we’re going to get that,” he said. 

Around town Sunday afternoon, at the park, at the golf course and at  businesses, most were unwilling to comment on the event, with some saying they were not familiar enough with the details of what happened.

But Jan Williams and Wayne White, who operate the Osage County News in Lyndon, Kansas, and drove down to help, were quick to weigh in.

“We just drove down here because we thought it was a horrible event,” Williams said. “As newspaper people, we can’t let this go on.”

“It could happen to us if it’s allowed to go on,” White added.

After meeting with Meyer on Sunday, the two agreed to help check on the disposition of court cases.

“We were reading about it … and the more we read about it, the more we thought we should drive down and help,” Williams said. “That’s what Kansans do.”

Police statement

Cody could not be reached Sunday night either by phone or at his office, but the police department issued a statement on its Facebook page: 

“As much as I would like to give everyone details on a criminal investigation, I cannot. I believe when the rest of the story is available to the public, the judicial system that is being questioned will be vindicated.

“I appreciate all the assistance from all the state and local investigators along with the entire judicial process thus far.”

The police department noted in its Facebook statement that federal law protects journalists from most searches of newsrooms by federal and state law enforcement officials.

“It is true that in most cases, it requires police to use subpoenas, rather than search warrants, to search the premises of journalists unless they themselves are suspects in the offense that is the subject of the search.

“The act (the federal Privacy Protection Act) requires criminal investigators to get a subpoena instead of a search warrant when seeking ‘work product materials’ and ‘documentary materials from the press, except in circumstances, including (1) when there is reason to believe the journalist is taking part in the underlying wrongdoing.

“The Marion, Kansas, Police Department believes it is the fundamental duty of the police is to ensure the safety, security and well-being of all members of the public. This commitment must remain steadfast and unbiased, unaffected by political or media influences, in order to uphold the principles of justice, equal protection and the rule of law for everyone in the community. The victim asks that we do all the law allows to ensure justice is served. The Marion, Kansas, Police Department will nothing less.”

Meyer, who is from Marion, taught journalism for 26 years at the University of Illinois and served in a number of roles at the Milwaukee Journal.

He said he plans to sue the police department. Along with help getting the paper out, he said a number of newspaper organizations have offered legal services. He said one his lawyers told him, “Do you want to get your stuff back right now, or do you want to sue the hell out of them?”

Meyer added: “I want to prevent it from happening again,” calling the seizure of his equipment “harassment” and “bullying.”

The Kansas Press Association said Sunday night it is working with national media organizations to discuss funding to help with the newspaper’s legal defense.