Two special prosecutors have announced their intention to file a criminal obstruction of justice charge against a former central Kansas police chief in connection with his actions following a raid on a local newspaper last year. The prosecutors' report indicated that the newspaper's staff did not commit any crimes during the incident.
The former Marion Police Chief is facing potential charges, although it remains unclear whether the charge will be a felony or a misdemeanor. The prosecutors have not yet filed the criminal case, as they are collaborating with the Colorado Bureau of Investigation at the request of their Kansas counterparts.
The prosecutors' detailed report outlined events leading up to and following the August 11, 2023, raid on the Marion County Record and the residence of its publisher. It suggested that the Marion police, under the leadership of the former chief, conducted a flawed investigation that resulted in inaccurate conclusions regarding alleged criminal activities by the newspaper staff.
The prosecutors found probable cause to believe that the former chief obstructed an official judicial process by withholding crucial information from investigators in September 2023. The chief had accused the publisher and a reporter of identity theft and other computer-related crimes to obtain warrants for the raid.
The raid on the newspaper sparked a national conversation about press freedoms, particularly in the small town of Marion. Following the incident, the former police chief resigned, and materials seized during the raid were returned to the newspaper staff.
Tragically, the publisher's 98-year-old mother, who co-owned the paper, passed away from a heart attack the day after the raid. The publisher attributed her death to the stress caused by the events surrounding the raid.
If charged with a felony, the former chief could face up to nine months in prison, with a typical sentence likely resulting in 18 months or less on probation. A misdemeanor charge could lead to a maximum of one year in jail.
The special prosecutors concluded that neither the publisher nor the reporter committed any crimes while verifying information from an online state database. The report highlighted deficiencies in the police investigation that led to incorrect conclusions being drawn.
