Prosecutor says seized items should be returned to Kansas newspaper

The Marion County Record will get its newspaper equipment returned after the items were seized in a raid Friday. While an investigation surrounding an alleged identity theft case remains open, the Marion County attorney said he found no evidence the newspaper's equipment was involved.

By

State News

August 16, 2023 - 3:02 PM

Police raided the Marion County Record office Friday with a search warrant that free press attorneys and advocates say violated federal law. Photo by Sam Bailey/Kansas Reflector

MARION, Kansas (AP) — The prosecutor in Marion County, Kansas, said Wednesday that police should return all seized material to a weekly newspaper that was raided by officers in a case that has drawn national scrutiny of press freedom, with even the White House weighing in.

“This admin has been vocal about the importance of the freedom of press, here and around the globe,” White House press secretary Karine Jean-Pierre said at her daily briefing on Wednesday. “That is the core value when you think about our democracy, when you think about the cornerstone of our democracy, the freedom of press is right there.”

She said the raid raises “a lot of concerns and a lot of questions for us.”

On Wednesday, Marion County Attorney Joel Ensey said his review of police seizures from the Marion County Record offices found “insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized.”

“As a result, 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,” Ensey said in a news release.

Even without the computers, cellphones and other office equipment taken in a police raid, the new edition of the Record made it to newsstands Wednesday after a frenzied scramble by the newspaper’s small staff.

“SEIZED … but not silenced,” read the front-page headline in 2-inch-tall typeface.

Police raids on Friday of the newspaper’s offices, and the home of editor and publisher Eric Meyer put the paper and the local police at the center of a national debate about press freedom, with watchdog groups condemning the police actions. The attention continued Wednesday — with TV and print reporters joining the conversation in what is normally a quiet community of about 1,900 residents.

Meyer said all of the returned equipment will be forensically audited to make sure that nothing is missing or tampered with.

“You cannot let bullies win,” Meyer said. “And eventually, a bully will cross a line to the point that it becomes so egregious that other people come around and support you.”

The raids — which the publisher believes were carried out because the newspaper was investigating the police chief’s background — put Meyer and his staff in a difficult position. Because their computers were seized, they were forced to reconstruct stories, ads and other materials. Meyer also blamed stress from the raid at his home on the death Saturday of his 98-year-old mother, Joan, the paper’s co-owner.

As the newspaper staff worked late into Tuesday night on the new edition, the office was so hectic that Kansas Press Association Executive Director Emily Bradbury was at once answering phones and ordering in meals for staffers.

Bradbury said the journalists and those involved in the business of the newspaper used a couple of old computers that police didn’t confiscate, taking turns to get stories to the printer, to assemble ads and to check email. With electronics scarce, staffers made do with what they had.

“There were literally index cards going back and forth,” said Bernie Rhodes, the newspaper’s attorney, who was also in the office. “They had all the classified ads, all the legal notices that they had to recreate. All of those were on the computers.”

At one point, a couple visiting from Arizona stopped at the front desk to buy a subscription, just to show their support, Bradbury said. Many others from around the country have purchased subscriptions since the raids; An office manager told Bradbury that she’s having a hard time keeping up with demand.

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