Law enforcement executed a search warrant Friday at the newspaper office in Marion, at the publisher’s home, and at the vice mayor’s home seizing records and equipment from the newspaper’s reporters and the publisher.

The Marion County Record reports four Marion police officers and three sheriff’s deputies descended Friday morning on the newspaper office, the home of its co- owners Eric and Joan Meyer, and the home of vice mayor Ruth Herbel, seizing personal cell phones and computers, including the newspaper’s file server.

The Kansas Reflector reports the raid followed news stories about a restaurant owner who kicked reporters out of a meeting last week with U.S. Rep. Jake LaTurner, and revelations about the restaurant owner’s lack of a driver’s license and conviction for drunken driving.

According to the Reflector, the search warrant signed by Marion County District Court Magistrate Judge Laura Viar, appears to violate federal law that provides protections against searching and seizing materials from journalists. The law requires law enforcement to subpoena materials instead.  Viar didn’t respond to a request from the Reflector to comment.

Emily Bradbury, executive director of the Kansas Press Association, said the police raid is unprecedented in Kansas.

“An attack on a newspaper office through an illegal search is not just an infringement on the rights of journalists but an assault on the very foundation of democracy and the public’s right to know,” Bradbury said. “This cannot be allowed to stand.”

The Marion newspaper reported last week that Marion restaurant owner Kari Newell had kicked newspaper staff out of a public forum with LaTurner, whose staff was apologetic. Newell responded to Meyer’s reporting with hostile comments on her personal Facebook page.

A confidential source contacted the newspaper, Eric Meyer said, and provided evidence that Newell had been convicted of drunken driving and continued to use her vehicle without a driver’s license. The criminal record could jeopardize her efforts to obtain a liquor license for her catering business.

A reporter with the Marion Record used a state website to verify the information provided by the source. But Meyer suspected the source was relaying information from Newell’s husband, who had filed for divorce. Meyer decided not to publish a story about the information, and he alerted police to the situation.

Police notified Newell, who then complained at a city council meeting that the newspaper had illegally obtained and disseminated sensitive documents, which isn’t true. Her public comments prompted the newspaper to set the record straight in a story published Thursday.

The search warrant identifies two pages worth of items that law enforcement officers were allowed to seize, including computer software and hardware, digital communications, cellular networks, servers and hard drives, items with passwords, utility records, and all documents and records pertaining to Newell. The warrant specifically targeted ownership of computers capable of being used to “participate in the identity theft of Kari Newell.”

Officers injured a reporter’s finger by grabbing her cellphone out of her hand, Meyer said. Officers at his home took photos of his bank account information.

He said officers told him the computers, cellphones and other devices would be sent to a lab.

The seized computers, server and backup hard drive include advertisements and legal notices that were supposed to appear in the next edition of the newspaper.

Newell, writing Friday under a changed name on her personal Facebook account, said she “foolishly” received a DUI in 2008 and “knowingly operated a vehicle without a license out of necessity.”

“Journalists have become the dirty politicians of today, twisting narrative for bias agendas, full of muddied half-truths,” Newell wrote. “We rarely get facts that aren’t baited with misleading insinuations.”

She said the “entire debacle was brought forth in an attempt to smear my name, jeopardize my licensing through ABC (state Alcoholic Beverage Control Division), harm my business, seek retaliation, and for personal leverage in an ongoing domestic court battle.”

At the law enforcement center in Marion, a staff member said only Police Chief Gideon Cody could answer questions about the incident, and that Cody had gone home for the day and could not be reached by phone. The office of Attorney General Kris Kobach wasn’t available to comment on the legal controversy in Marion.

Melissa Underwood, communications director of the Kansas Bureau of Investigation, replied by email to a question about whether the KBI was involved in the case.

“At the request of the Marion Police Department, on Tuesday, Aug. 8, we began an investigation into allegations of criminal wrongdoing in Marion, Kansas. The investigation is ongoing,” Underwood said.

Meyer, whose father worked at the newspaper from 1948 until he retired, bought the Marion County Record in 1998, preventing a sale to a corporate newspaper chain.

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Information / Story via Kansas Reflector and Marion County Record

Photo: Marion County Record papers for sale in the newspaper’s office beside a collection of Kansas Press Association awards on Aug. 11, 2023, the day the office was raided by local law enforcement. (Sam Bailey/Kansas Reflector)