Texts show KBI support for newspaper raid

Text messages reveal Gideon Cody claimed the Kansas Bureau of Investigation was behind him after the raids on a Marion County newspaper and the homes of the owners.

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December 5, 2023 - 2:38 PM

Marion County Record reporter Phyllis Zorn and Sheriff Jeff Soyez stand outside the evidence room where an undersheriff signs over newspaper property to a forensic expert. Photo by (Sherman Smith/Kansas Reflector)

KANSAS CITY, Mo. — Text messages obtained by the KSHB 41 I-Team reveal Gideon Cody claimed the Kansas Bureau of Investigation was “100 percent behind” him one day after the raids on Marion County Record and two homes.

The text messages, provided by a source and independently verified by KSHB 41, are between Cody and Joel Ensey, Marion County Attorney, who revoked Cody’s warrants within days following the raids.

On Aug. 9, two days before the raids, Cody sent Ensey a text: “Call me when you can this morning. KBI will be lead in the investigation. I sent them a brief and they are sending out investigators. Other charges are coming with this as well. I want to keep you in the loop.”

Cody continued, “It appears larger than when I looked at first.”

On Aug. 12, one day after the raids, Cody sent Ensey another text message: “Joel, KBI just called. They told me [they] are 100% behind me and we did things exactly as it should have been done. They reached out to me. I didn’t call. Their number two will be calling me.”

Ensey responded, “Ok. Thank you.”

Cody sent another response: “They want to use an independent lab not affiliated with [the] government for forensics, and they appear to be taking this case over. I will let you know.”

Ensey responded, “Ok.”

On Friday, the KSHB 41 I-Team sent an email to Melissa Underwood, spokeswoman for KBI, asking her to respond to Cody’s claims in his text messages to the county attorney.

The I-Team also left a voicemail for Underwood later in the day.

Neither were returned.

Since the Aug. 11 raids on Marion County Record and two homes, KBI has downplayed its level of involvement.

In October, in response to a lawsuit filed against Cody by a Marion County Record reporter, Cody claimed KBI knew he was seeking a warrant to search the newsroom.

On Oct. 4, the I-Team sent an email to Underwood asking if the agency knew about the warrants ahead of time.

Underwood responded, “We will answer your question, but because it requires a detailed response, it is inappropriate for us to address until our investigation concludes. I will follow up with you so you know when we can take additional inquiries. Hope you understand.”

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