Depositions planned in records case

It will be at least five months before a judge begins hearing arguments in an open-records case the newspaper has filed against the City of Marion.

At a hearing Monday, Chief Judge Ben Sexton gave both sides 120 days to obtain depositions from five people.

Newspaper lawyer Bernie Rhodes had proposed a 60-day timeline, but Jennifer Hill, who represents the city’s insurance company, asked for a longer period.

Sworn testimony will be sought from former police chief Gideon Cody, interim police chief Zach Hudlin, city clerk Janet Robinson, former city administrator Brogan Jones, and Hill.

They will be questioned under oath about the availability of text messages sent on private devices that politicians and other officials may have used to encourage now-disavowed raids Aug. 11, 2023, on the Record newsroom and the homes of the Record’s owners and former city council member Ruth Herbel.

The newspaper contends that a 2016 state law closed a loophole that allowed officials to communicate in secret by using private messaging services.

The city contends that enforcing the law would place an unreasonable burden on the city.

Cody is facing felony charges for allegedly encouraging destruction after the raid of text messages he exchanged.

This suit seeks messages sent before the raid as a way of shedding light on what roles elected officials might have played in Cody’s decision to seek search warrants.

A report earlier this month by special prosecutors concluded that Herbel and the Record committed no crimes and that the warrants, though signed by Magistrate Judge Laura Viar, were insufficient.