Former chief scheduled for court appearance Oct. 7
Hearing held before ex-chief charged
Staff writer
Former Marion Police Chief Gideon Cody, who led a raid Aug. 11, 2023, on the Marion County Record and two homes, is scheduled to make his first court appearance at 1:30 p.m. Oct. 7 in Marion County District Court.
A 17-page transcript of a hearing conducted before Cody was charged was released Tuesday by District Judge Benjamin Sexton over objection from Cody’s defense attorney, Brian White.
Special prosecutors Barry Wilkerson and Marc Bennett, Colorado Bureau of Investigation agent John Zamora, who helped investigate the raid were in the hearing.
Zamora testified that while investigating the raid, he obtained “probably a few thousand” emails related to the case.
Kansas Bureau of Investigation agent Joby Harrison had interviewed Kari Newell, alleged victim of identity fraud.
Harrison’s report of his interview with Newell states that she had told him she received communication with Cody, who wanted her to delete text messages between them.
“Kari asked why, as there was nothing inappropriate or necessarily important in her mind,” Zamora testified. “Chief Cody just did not want anyone to draw conclusions in reference to the text messages explaining them in a manner in which they were not meant. He would feel better if she would just delete them.
“Chief Cody explained there was a lot of corruption going on. He felt like there was going to be evidence disappearing. And there is going to be files disappearing. And when he was just trying to protect her. … Kari did delete the text messages, and then immediately regretted the action.”
The deleted text messages were sent after the Aug. 11 raid and before Aug. 17, Zamora said.
Zamora said Newell also told him two pages of a handwritten statement missing.
Exhibits containing the deleted messages were submitted to the judge during the hearing but were not attached to the transcript. Instead, they were returned to prosecutors.
The hearing transcript notes that prosecutors were not requesting an arrest warrant but might issue a summons.
In a report they released last week, they said more information on why Cody was charged with felony obstruction of judicial process would be found in a probable cause affidavit.
The affidavit itself does not appear in the court’s list of documents in the case.
Twelve reporters have filed formal requests for the affidavit since the charge was filed.
KSNW-TV also has filed a request seeking permission to have cameras, audio recording equipment, and other equipment to update social media in the courtroom during all court hearings.
So has a documentarian filming the story of the raids.
White filed an objection on behalf of Cody to cameras and other recording devices Tuesday.
He wrote that allowing cameras and recording devices “would unnecessarily prejudice his right to a fair trial, influence witness testimony, disrupt courtroom decorum, influence members of the jury, and potentially intimidate witnesses and members of the jury.”
He added: “There has already been significant media coverage regarding the issues surrounding the events. … Mr. Cody has specific concern that the use of recordings of various court proceedings could be used out of context.”
White contended that the release of the 124-page special prosecutors’ report “outlining a one-sided case against Mr. Cody before charges were even filed” caused him “grave concerns regarding the ability to obtain a fair trial.”
“Mr. Cody requests a hearing and oral argument on this objection,” White wrote.
No hearing has been set.