Thursday, May 9, 2024

A judge told Kansas authorities to destroy electronic copies of newspaper’s files taken during raid


Kansas authorities will have to destroy all electronic copies they made of a small newspaper’s files when police raided its place of work this month, a judge ordered Tuesday, just about two weeks after computer systems and cell phones seized within the seek had been returned.

The Aug. 11 searches of the Marion County Record’s place of work and the houses of its writer and a City Council member were sharply criticized, hanging Marion, a central Kansas the town of about 1,900 other people, on the middle of a debate over the press protections introduced by way of the First Amendment to the U.S. Constitution.

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Attorney Bernie Rhodes, who represents the newspaper, mentioned a judge ordered authorities to quit the ones electronic information and destroy any copies they have got of them together with all pictures that officials took during the raids.

The native prosecutor and sheriff agreed investigators shouldn’t stay that proof, however Rhodes insisted on a courtroom order to file it. It received’t be transparent what files had been at the pressure till Rhodes will get a duplicate.

Authorities returned the computer systems and cell phones they took during the raids after the prosecutor made up our minds there used to be inadequate proof to justify their seizure. A few days later the newspaper discovered from courtroom paperwork in regards to the thumb pressure with an electronic reproduction of 1000’s of files taken from its computer systems. It wasn’t disclosed within the preliminary seek warrant stock.

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It’s now not transparent what further steps authorities may take. Neither town officers nor the Kansas Bureau of Investigation, which is having a look into journalists’ movements, are pronouncing a lot.

City Council contributors refused to talk about the raids at their assembly remaining week, and the mayor didn’t resolution textual content message questions Tuesday about whether or not the raids might be at the subsequent schedule. A spokeswoman for the KBI mentioned it’s unattainable to expect how lengthy that company’s investigation will take.

Insurance corporations for town and the county have employed legal professionals to get ready for conceivable court cases, together with one promised by way of the newspaper’s writer.

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Supporters of the small Kansas newspaper can now order T-shirts emblazoned with the Marion County Record’s defiant headline “SEIZED but not silenced” that led its entrance web page within the first version after the raids. The simple black shirts function the headline in block letters around the entrance together with the date of the raids.

The Kansas Press Association arranged the T-shirt sale to display beef up for the newspaper. Executive Director Emily Bradbury mentioned proceeds from the $24.49 shirts and $40.49 hoodies and different pieces which are intended to be able subsequent week will move to the Kansas Newspaper Foundation that helps publications just like the Marion County Record around the state.

The raids got here after an area eating place proprietor accused the newspaper of illegally having access to information about her. A spokesman for the company that maintains the ones information has mentioned the newspaper’s on-line seek {that a} reporter did used to be most likely criminal even if the reporter wanted non-public information in regards to the eating place proprietor {that a} tipster supplied to glance up her using file.

Police Chief Gideon Cody did not reply to an e mail searching for remark Tuesday. He mentioned in affidavits used to download the quest warrants that he had possible motive to imagine the newspaper and City Council member Ruth Herbel, whose house used to be additionally raided, had violated state rules in opposition to identification robbery or laptop crimes.

The newspaper’s writer Eric Meyer has mentioned the identification robbery allegations merely supplied a handy excuse for the quest after his journalists were digging for background on Cody, who used to be appointed this summer time.

Legal experts believe the raid at the newspaper violated a federal privateness regulation or a state regulation shielding newshounds from having to determine assets or flip over unpublished subject matter to regulation enforcement.

Video of the raid at the house of writer Eric Meyer presentations how distraught his 98-year-old mom was as officials searched via their assets. Meyer mentioned he believes that pressure contributed to the loss of life of his mom, Joan Meyer, an afternoon later.

Copyright 2023 The Associated Press. All rights reserved. This subject matter will not be printed, broadcast, rewritten or redistributed with out permission.

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