By PHYLLIS ZORN

Staff writer

A year and a day after an unprecedented raid on Marion County Record, former Marion Police Chief Gideon Cody formally was charged Monday with interference with judicial process.

The charge is not because he raided the Marion County Record and two homes but because he allegedly tried to cover up communication immediately after the raid.

Interference with judicial process is knowingly or intentionally inducing a witness or informant to withhold or unreasonably delay testimony, information, document, or other thing.

It is a Level 8 felony that could result in five to seven months in prison if Cody has no prior convictions. Sentencing guidelines suggest a year’s probation instead.

A probable-cause affidavit outlining the case that special prosecutors Mark Bennett and Barry Wilkerson have against Cody was not available as of press time. Under state law, such affidavits are not released unless requested and approved. The Record and four other news organizations have filed requests for the affidavit.

Court records indicate that Cody has hired Wichita lawyer Salvatore “Sal” Intagliata to defend him. Intagliata has not formally entered an appearance on Cody’s behalf.

According to the complaint against Cody, between Aug. 11, the day of the raids, and Aug. 17 Cody knowingly or intentionally induced a witness to withhold information.

In a report released last week, special prosecutors indicated the charge was a result of Cody asking restaurateur Kari Newell, whose driving record the Record had verified from a public website, to delete text messages between them.

The complaint lists numerous people, including law enforcement officers at the local and state level, as witnesses.

They include:

• Colorado Bureau of Investigation agents John Zamora and Michael Struwe, who conducted an investigation of the raid.
• Marion officers John Benavidez, who has since left the force, and officer Zach Hudlin, now interim chief of police.
• Marion city attorney Brian Bina.
• Marion council members at the time Kevin Burkholder, Zach Collett, Jerry Kline, and Ruth Herbel, and former mayor David Mayfield.
• Former Marion city administrator Brogan Jones.
• Sheriff Jeff Soyez, Undersheriff Larry Starkey, sheriff’s detective Aaron Christner, and former deputy Steven Janzen.
• Fire marshal and part-time officer Chris Mercer.
• Chad Burr, who was not identified in the complaint.
• County attorney Joel Ensey and secretary Cheryl Christensen.
• City computer contractor Lloyd Davies.
• Karen Hurt, who was not identified in the complaint.
• KBI director Tony Mattivi, deputy Robert Jacobs, and agents Bethanie Popejoy, Joby Harrison, and Todd Leeds.
• Court staff members Anita Svoboda and Laura Legg.
• Record publisher Eric Meyer, former reporter Deb Gruver, and reporter Phyllis Zorn.
• Laura Meyers, who was not identified in the complaint.
• Restaurateur Kari Newell; her estranged husband, Ryan Newell, and former family friends Pam and Roger Maag.
• Ted Smith, who was not identified in the complaint.

The case was assigned to District Judge Ryan Rosauer of Geary County District Court.