Updates on Kansas newspaper raid: New video released, wrongful death lawsuit possible

The fallout from a controversial police raid on a local newspaper in Marion, Kansas, continued Monday, with new video and documents released.

Recent revelations include details of an affidavit from the search warrant used to seize equipment from the Marion County Record’s newsroom and two private homes.

An attorney representing the Record has said a wrongful death lawsuit could be filed in the death of Joan Meyer, the co-owner of the newspaper, who died hours after the raid.

And on Monday, the Record released video of the raid on Meyer’s house that shows officers filling the living room, rifling through her personal belongings and attempting to block her from moving within her own house.

Here are five things to know about the recent developments in the case:

Affidavit released

The search warrant used by police to carry out last weekend’s raid on The Record’s offices was based on a recently-released affidavit claiming illegal activity.

In it, police chief Gideon Cody alleges that Record reporter Phyllis Zorn downloaded a document containing information about a local restaurant owner’s past DUI charges.

“Downloading the document involved either impersonating the victim or lying about the reasons why the record was being sought,” Cody wrote in the search warrant application.

One lawyer told The Star that merely accessing publicly available information through a state website doesn’t count as “identity theft,” a crime listed on the subsequent search warrant. Most arrests, bookings, charges and convictions are a matter of the public record

Read more: Affidavits detail Marion police chief’s allegations against raided Kansas newspaper

Video released from raid on newspaper co-owners’ home

As part of the Aug. 11 raid, police searched the home of newspaper publisher Eric Meyer, who lived with his mother, Joan Meyer — a retired journalist and co-owner of the paper.

On Monday, the newspaper released security footage from the Meyers’ home that shows police searching through a desk using a flashlight as Meyer, 98, approaches them using a walker.

“I don’t want you in my house,” she tells officers.

Meyer died of a heart attack the following day.

Read more: Video shows stressful raid of 98-year-old Marion County Record co-owner’s house

A potential wrongful death lawsuit

Joan Meyer was visibly upset by the raid on her home, calling the police’s actions “Hitler tactics.” Now, her estate may have grounds for a wrongful death lawsuit, attorney Bernie Rhodes told The Star.

“We are exploring all options, including a wrongful death claim,” he said Monday. Rhodes also represents The Star.

Meyer’s son, newspaper editor and publisher Eric Meyer, called the raid “extremely upsetting” for his mother, who he says was in good health prior to the raid. Her funeral was on Saturday.

Read more: Lawsuit could be filed in death of Joan Meyer, who died day after police raid on KS paper

County prosecutor has ties to holder of expiring liquor license

Marion County Attorney Joel Ensey withdrew the search warrant that sparked the Marion County raids, stating Wednesday that there was “insufficient evidence” of a crime.

But once the investigation is complete, the decision to file charges will rest with him.

Ensey’s brother is Jeremy Ensey, who with his wife Tammy Ensey owns Marion’s Historic Elgin Hotel, where the restaurant Chef’s Plate at Parlour 1886 is located. The hotel’s liquor license is currently held by Tammy Ensey, but is only valid through Aug. 28. Kari Newell owns Chef’s Plate and is seeking her own liquor license. She has accused the Record of “illegally” obtaining her personal information related to a past DUI that potentially threatens to hold up the license. The newspaper has called the allegation false.

The search warrant used to raid the newspaper mentioned Newell by name several times.

At least one Kansas lawyer thinks this connection may be enough to get Ensey to recuse himself from the case altogether.

Read more: Marion prosecutor’s sister-in-law holds expiring liquor license that helped ignite furor

Who is Kari Newell?

Restaurant owner Kari Newell is a significant figure in Marion’s dining scene — and has a contentious relationship with the local newspaper that dates back to before her recent accusations of identity theft against the Record.

Newell reportedly had two journalists removed from an event held in her coffee shop earlier this month — despite the meeting being a public forum.

She later told CNN that the Record “has a long-standing reputation for twisting and contorting comments within our community.”

Read more: Who is Kari Newell, restaurant owner at center of Kansas newspaper raid? What we know

The Star’s Katie Moore, Jonathan Shorman and Anna Spoerre contributed. The Wichita Eagle’s Chance Swaim contributed.

Do you have more questions about the police raid on the Marion County Record? Ask the Service Journalism team at kcq@kcstar.com.