Affidavits Show Police Reasoning Behind Newspaper Raid Called Illegal by Some

KANSAS - The police chief responsible for the controversial raid on a Kansas newspaper office informed a judge that a journalist from that office retrieved a restaurant owner’s driving details from a state database. He claimed this could only have been achieved by “either impersonating the victim or lying about the reasons why the record was being sought,” as stated in confidential court documents used to authorize the search warrant.

In previously undisclosed sworn statements, Marion Police Chief Gideon Cody noted that the Kansas Department of Revenue verified to him that Phyllis Zorn, a reporter from the Marion County Record, had accessed the private data. These documents offer the first public disclosure of the evidence leading to the raid’s approval.

Phyllis Zorn acknowledged to The Washington Post her actions of downloading the record, which requires inputting a name, birth date, and driver’s license number. Her justification was to cross-check data she had been provided by a source. Eric Meyer, the newspaper’s editor and publisher, expressed his belief that Zorn hadn’t broken any laws. He emphasized that the motive behind accessing the data was purely for research and devoid of any harmful intentions. “There is no criminal intent,” he affirmed.

Meyer conceded that the newspaper might have overstepped by accessing the database, but remarked that “even if it was illegal for us to do that, the police response was like bringing the SWAT team out for jaywalking.”

The police action on Aug. 11 prompted a backlash from First Amendment supporters and media entities nationwide. During the operation, law enforcement confiscated computers, phones, and various documents, marking a nearly unparalleled incident in recent U.S. annals. Not only was Meyer’s residence subjected to a search, but a city council member’s home was also inspected. The Record attributed the sudden passing of Meyer’s 98-year-old mother, Joan, a newspaper co-owner, to the stress induced by the raid.

Marion County Attorney Joel Ensey, acting as the county prosecutor, remarked that the basis for the searches - “insufficient evidence” linking the serious alleged offenses, including a felony, to the inspected locations. He subsequently urged the police to restore the assets taken from the newspaper. Meanwhile, the Kansas Bureau of Investigation has stated it’s still evaluating if the newspaper infringed upon state legislation.

The origin of the raid can be traced back to a disagreement between restaurant proprietor, Kari Newell, and her estranged spouse, Ryan, based on conversations with those mentioned in the affidavits and other parties involved.

Ryan Newell disclosed to The Post his discontentment regarding his wife’s decision to persistently drive and seek a liquor license, especially after her driver’s license was revoked in 2008 due to a DUI conviction. Newell also expressed his concerns about the insurance implications of his wife operating his vehicle without a valid license.

According to Newell, an anonymous informant supplied him with a snapshot of his wife’s driving status, which revealed her lack of a valid license. He then relayed this screenshot to his acquaintance, Pam Maag, who in turn forwarded it to council member, Ruth Herbel. As per Cody’s affidavits, Herbel aimed to use this information to prevent the renewal of the liquor license.

In a conversation with The Post, Maag admitted to also sharing the details with Zorn. She expressed her belief that an individual with a revoked driver’s license shouldn’t qualify for a liquor license and stood firm in her conviction about her actions, stating she harbored no remorse over her decision.

“It is what it is. Did I send the information to Phyllis and the councilwoman? I did,” Maag said.

Herbel chose not to provide any comments.

Recently, Kari Newell has been inundated with accusations via social media, alleging that she instigated the raid as retaliation against the newspaper for highlighting her DUI conviction. She clarified to The Post that she never prompted anyone to storm the newspaper’s office and was deeply saddened by the demise of Meyer’s mother. “I’m heartbroken for their family,” she expressed.

However, she emphasized that neither journalists nor anyone else should access or use private details from her driver’s license to retrieve her personal data. She remains keen on further probing into those who accessed this information.

Newell acknowledged her past DUI conviction and the subsequent loss of her license. She also admitted to driving while her license remained suspended.

Cody included three affidavits when applying for warrants to inspect Meyer’s residence, the newspaper office, and Herbel’s home. According to Kansas statutes, these affidavits are kept from the public for a duration of 10 days post the execution of the warrants. This period grants the involved parties an opportunity to petition for redactions or permanent sealing of these documents.

In the affidavits, the police chief asserted the possibility of finding proof at the aforementioned locations, indicating that Zorn might have indulged in identity theft – a felony – and cyber offenses by retrieving the driving record. The website managed by the Department of Revenue, responsible for the supervision of driver licenses and related penalties, requires users to select from a few valid reasons to access these records. These reasons must adhere to the state’s Drivers’ Privacy Protection Act, which typically classifies such records as confidential.

The justifiable reasons, as delineated in the affidavits, encompass users aiming to fetch their individual records or those who operate as licensed private detectives. Among the given reasons, the only mention of research pertains to statistical evaluations that do not reveal any personal data of individuals. No provision is explicitly stated for journalistic research.

During a conversation, Zorn justified her course of action for this matter.

“It would have been irresponsible to just take the word of someone out there,” she said. “I checked the veracity of what was sent.”

In the affidavits, Cody mentioned that Meyer had communicated with him via an email on Aug. 4, conveying that the newspaper had “received a copy of someone’s private Department of Revenue records.” Meyer hinted that the possible disclosure of these records might have been due to police misbehavior.

Fast forward three days, Kari Newell presented her concerns to the city council, claiming the newspaper had illicitly accessed her driving details. Later that night, in a conversation with Newell, Meyer confessed that Zorn had pulled up her driving record, leading to a decision that “there would be no story” on the matter, one of Cody’s affidavits detailed.

The affidavit further documents Newell’s claim where she alleges that Meyer “then threatened her,” cautioning, “if you pursue anything I will print the story and will continue to use anything I can to come at you. I will own your restaurant.”

While Meyer refuted the claims of threatening Newell, he did acknowledge advising her against publicly criticizing the newspaper. He shared with The Post, “I said, ‘Kari I don’t think it’s a good idea to be making a big fuss about this.’”

On Aug. 9, The Record released an article penned by Meyer, revealing that Newell’s license had been suspended owing to a DUI offense. The article, titled “Restaurateur accuses paper, councilwoman,” shed light on the claims Newell presented during the council meeting. The piece also highlighted that the individual who handed over Newell’s record to both the newspaper and Herbel had “bragged about retaining ‘connections’ despite no longer working in law enforcement.”

Maag informed The Post that her past involvement in law enforcement had no bearing on how the driving record was secured.

A couple of days post the article’s release, Cody drafted affidavits, articulating his conviction that evidence pointing to identity theft and computer-related offenses could be discovered at Meyer’s residence, Herbel’s residence, and within the Record’s office space.

These requests were sanctioned by Magistrate Judge Laura E. Viar, resulting in the implementation of the searches on the same day.

The Reporters Committee for Freedom of the Press, in conjunction with 36 media entities including The Post, penned a letter to Cody on Aug. 13, voicing their dissent against the raid, which they mentioned was “possibly in violation of federal law.”

During a concise telephonic discussion with The Post, Cody conveyed his perception that the media portrayal of the search was skewed. “This is a Fourth Amendment situation, not a First Amendment situation,” he stated, alluding to the constitutional provisions regarding protection against undue searches by the police and the safeguarding of press freedoms. Cody chose not to address further inquiries.