Kansas
Inquiry into Marion raid has been hopelessly compromised. Kansans deserve an independent review. • Kansas Reflector
We will not see justice in the law enforcement raid on the Marion County Record newspaper until officials take an entirely different approach.
Until now, the investigation into abuse of power by local officials has been overseen by Marion County Attorney Joel Ensey’s handpicked special prosecutors and the Kansas Bureau of Investigation, with an assist from its Colorado compatriots. All have shown themselves unlikely or unwilling to serve justice. The prosecutors’ report offers a how-to manual for abusing journalists. The KBI, as shown by First Amendment attorney Max Kautsch’s columns last month, has long obfuscated the details of high-profile cases and covered for guilty cops.
We need to start over.
And that begins by having a truly independent counsel to review all of the investigative files related to the raid, collected by both the KBI and Colorado Bureau of Investigation in its follow-up work.
That independent counsel should be a retired judge or lawyer of unimpeachable credentials, someone respected by law enforcement, prosecutors, defense attorneys and reporters alike. This person should have a clear record of leveling with the public and explaining why charges are or are not brought in cases.
After a careful review of all of the evidence, this independent counsel should then write their own report free of influence from Kansas law enforcement officials and share it with the public. If they believe further charges should be brought against one or more parties in the case, they should be empowered to do so.
I suggest this approach as a compromise.
In his columns, Kautsch called for the release of raw investigative files from the KBI and CBI. The more public information the better, but law enforcement officials have denied open-records requests from Kansas Reflector editor in chief Sherman Smith. On the other hand, special prosecutor Barry Wilkerson told Smith he doesn’t foresee any new charges in the case (beyond the token slap on the wrist administered to former police chief Gideon Cody).
The least Kansas officials could do is allow someone else to take a hard look at what happened in Marion and why.
Special prosecutors’ history
You may wonder why I’m so quickly discarding the work of Wilkerson and his fellow special prosecutor, Marc Bennett.
Unfortunately, both men are hardly objective referees. The circumstances surrounding their appointment and earlier public testimony about open records raise questions that, to my mind, invalidates their report. I don’t mean to cast aspersions on the two men personally, or their work in Riley and Sedgewick counties. In this specific situation, however, they were flawed picks.
As Smith reported last month, Bennett offered Ensey advice in the immediate aftermath of the raid (Wilkerson pitched in a couple of days later). Bennett told the county attorney that search warrants in the case “will not sustain appellate review” and “to return the material seized to the owners in an expedited manner.”
Ensey then selected Bennett and Wilkerson as the special prosecutors. Surely, in the entire state of Kansas, he could have found legal minds without prior involvement in the case.
But that’s just the beginning. Wilkerson happens to have made extensive public comment about the relationship between news reporters and law enforcement. A decade ago, he testified against a House bill improving law enforcement transparency and accountability. The Kansas Press Association explained more here.
In written testimony, Wilkerson offered his take as president of the Kansas County and District Attorneys Association. He didn’t just argue against the bill. He instead appeared to criticize the very concept of crime reporting.
“I have never met the victim of a violent crime who wanted to be on the front page, or the families of murder victims who want to be today’s top story,” he said. “They have been victimized already and they do not want their pain and agony paraded publicly and their dignity invaded while they read or hear from others who have read gruesome details of a murder or sexual assault. It is an unspeakable gut wrenching experience, not a headline.
“The Kansas Legislature is here to protect its citizens not to help sell sensationalized news accounts.”
I don’t know which is more disgraceful. That Wilkerson hid his obvious contempt for the free speech rights of the press behind a shield of crime victims or that he believes reporters relish the despair of others. For one thing, there is no shortage of such victims who want to tell their stories in a public forum, and as loudly as possible. For the other, I’ve watched reporters throughout my two-decade career grapple with the toll of reporting on inhumanity.
Members of the news media understand the seriousness of the issues, which is why we cover them. We aren’t paid Wilkerson’s county attorney salary ($192,723 for 2023) to do so, either.
A version of the bill ultimately made it into law in 2014. In an interview with Smith, the attorney suggested that he was representing the group’s position, “but we ended up working out a compromise on all this … and we were able to get something done, the bill that was eventually passed.”
He added that he supported the current law.
I take Wilkerson at his word today, even though Katusch told me the proposal and compromise were “remarkably similar.” But I also take Wilkerson at his word in 2014. That testimony makes him wholly inappropriate to serve as a special prosecutor in a case concerning press freedom. Full stop.
For the record, Bennett also testified against the House bill, although in more technical terms. Wilkerson spoke with Smith late last month, but Bennett declined to do so.
Keeping up the pressure
In the month since Wilkerson and Bennett’s report dropped, Smith and I have spoken to and heard from Kansas lawyers and law enforcement. Some have made their disagreement with its conclusions public. Others have taken a quieter approach — for now.
What I can say is this: The report does not suffice. It falls short in only charging a single person for their conduct after the fact. It falls short for not making a more forceful case about freedom of the press and the importance of journalists being able to do their jobs unimpeded. Most critically, it falls short in calling precisely no one to account for conducting an illegal raid. At a certain point, it moves beyond excusing bad conduct to laying the groundwork for others to harass the press in the future.
Someone else must take the reins, and as soon as possible.
I don’t have a specific method in mind for selecting the independent counsel. In my conversations with Kautsch, it appears that the appointment could either come at the local level, from state law enforcement agencies, or even Gov. Laura Kelly. He will address possible mechanisms for such an appointment in an upcoming column.
The point is to get a well-respected person selected and starting work sooner rather than later.
The stench of law enforcement abuse in the Marion County Record case has not gone away. It will not go away. It will continue to waft throughout this state until someone in our government stands up and insists on accountability from those who would strip First Amendment rights from their fellow citizens. Record editor Eric Meyer saw support surge into his newsroom from across the nation in the raid’s aftermath. But that’s not enough, and it was never going to be enough. Outrage without consequence eventually evaporates.
As I wrote last year, within a week of the original raid, we need accountability.
At this point, an independent counsel is the only way to get there.
Clay Wirestone is Kansas Reflector opinion editor. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.
KANSAS CITY, Mo. (KCTV) — It’s been a week since the World Cup began in Kansas City, but some local businesses aren’t feeling the expected influx in traffic and are asking for support.
On Thursday, KC2026 provided numbers for the FIFA Fan Festival and the ConnectKC26 transportation system.
From June 11 to June 16, KC2026 said more than 63,000 people attended the FIFA Fan Festival.
There are mixed results for where everyone is from:
- 52% from Kansas or Missouri
- 33% from the United States
- 15% from out of the country
As of 2 p.m. on June 17, ConnectKC26 has a total of 86,540 registered passes.
Breakdown of routes from KC2026:
- Stadium Direct: 57,302
- Regional Direct: 17,284
- Airport Direct: 11,954
As for business traffic, it depends on where you look. Some businesses in the Country Club Plaza said they’ve seen an uptick, especially on the first match day.
“We just had a really fun time with all of the fans, and I think we did a good job preparing for it,” said KC Style Haus Owner, Deserae Minor.
But many businesses are sharing their disappointment online.
‘Ghost town’
Caitlin Benedict, who owns Bisou, a European-style coffee and pastry shop, took to Instagram after shopping at a Crossroads night market.
“We are all in this together, it sucks. It was dead. It’s been dead everywhere,” said Bisou Owner, Caitlin Benedict.
After sharing her disappointment online, she saw an uptick in business on Thursday.
“It’s nice when the community can help out, and you can back up your own hometown at the same time,” said Janet Garciga, who drove in from Lee’s Summit to visit Bisou.
“I don’t want them to just come to Bisou, and I don’t want it to just be for a day. I want them to go everywhere else, and I want them to support everyone else, and consistently, especially for the next month and a half while FIFA is here,” said Benedict.
She heard from businesses experiencing the same issues in Mission, other spots downtown, Kansas City, Kansas, and Overland Park.
Down the road in the Crossroads, Buffalo State Pizza saw fans for the French match on Tuesday.
“But after that, I mean, we even close early on Tuesday because that was, it was dead,” said Buffalo State Pizza Owner, Phillippe Lechevin.
Shopping bags and matchas aren’t filling up at Dear Society either.
“The 10 years that I’ve been here in Kansas City. I have seen a lot of these big events coming into town, and we’ve been told to prepare and get ready for these huge crowds. And to be honest, after the NFL draft and after so many things that I’ve seen in 10 years, I didn’t do anything different,” said Dear Society Owner, Chanel Jezek. “I kind of knew. I had a feeling like we weren’t going to be as busy as they were projecting because they’ve done this to us before.”
Multiple factors = slow traffic
All three, Bisou, Buffalo State Pizza, and Dear Society, said there isn’t really someone to blame, but rather multiple factors that could be part of the issues.
A lot of eateries in town added a 20% automatic gratuity to bills, Bisou and Buffalo State Pizza decided not to take part, but worry that it is keeping locals away.
Visit KC projected 650,000 visitors throughout the entire tournament, and these businesses wonder if the possibility of large crowds and no parking is also keeping residents at home.
“I think we lost a lot of the regular ones. You know, the number was shown earlier back in February, you know, the 600,000 people. People who have the option to work from home, but maybe they didn’t want to deal with the traffic, since there’s no traffic. So hopefully they’re going to come back,” said Lechevin. “People may realize, actually, you know, it’s not as crazy as it is. I can still park in my regular spot and have lunch at my regular spot without being, you know, charged an extra amount.”
Jezek said she’d love to see KC2026 and FIFA add more locally owned businesses on their website so fans know where to find them.
“We are not seeing an increase in traffic on the streets. We are not crowded like they were predicting. You can still come in. You can still support your local businesses, your favorite coffee shops, your favorite places to grab your gifts, or whatever. We’re here. We’re slow. And there are more places to park,” said Jezek.
Benedict said it is an honor to have the World Cup here, but wants to see more honesty and support from leaders.
“I feel like it’s good for our city. It’s recognition. But at the same time, I want leadership to step in and say, okay, we didn’t get as many travelers as we should have,” said Benedict.
These businesses are hopeful that fans, locals, and other owners all come out and support these small shops throughout the metro during the World Cup and beyond.
“I would say just keep coming and supporting us and showing up,” said Jezek.
KCTV5 reached out to Visit KC, but did not have any numbers it could share at this time.
Mayor Quinton Lucas’ office shared the statement below after this story aired on Thursday:
“While the economic impact of a global event of this magnitude will naturally vary by business and by neighborhood, Mayor Lucas is encouraged by what he is hearing from Kansas City’s entertainment and hospitality sectors. Hotels, bars, and restaurants reported strong activity as Kansas City welcomed tens of thousands of guests for the opening match. As we look toward this weekend’s games and the remainder of the tournament, we’ll continue to highlight opportunities for our visitors and residents alike to join in the fun and celebration of this one in a generation moment.”
Businesses are hopeful that the longer the World Cup goes on, the more people will show up. KCTV5 plans to check in with these businesses throughout the tournament to see if traffic picks up.
Copyright 2026 KCTV. All rights reserved.
Cooler temperatures today, but we will keep a chance of thunderstorms going in south-central Kansas this morning. One or two could be strong.
Temperatures stay cooler in southern Kansas thanks to clouds and rain in the area. Warmer temps and sunshine to the north.
Another chance of severe weather will visit Kansas this weekend, with a complex of strong storms rolling across the area Saturday night.
KSN Storm Track 3 Forecast from Meteorologist Jack Maney:
Wichita:
Today: Mostly cloudy. 60% chance of showers and storms. Hi: 80 Wind: NE 8-18
Tonight: Mostly to partly cloudy. 10% chance of showers. Lo: 62 Wind: NE/E 5-15
Tomorrow: Partly cloudy. 20% chance of showers and storms. Hi: 85 Wind: E/SE 5-15
Tomorrow Night: Partly to mostly cloudy. 30% chance of showers and storms. Lo: 68 Wind: SE 5-15
Wichita Weekly
Sat: Hi: 87 Lo: 73 Partly to mostly cloudy. 50% chance of showers and storms.
Sun: Hi: 92 Lo: 67 Mostly cloudy. 30% chance of showers and storms.
Mon: Hi: 82 Lo: 65 Partly cloudy. 10% chance of showers and storms.
Tue: Hi: 84 Lo: 66 Partly cloudy. 10% chance of showers and storms.
Wed: Hi: 86 Lo: 68 Partly cloudy. 20% chance of showers and storms.
Thu: Hi: 88 Lo: 69 Partly cloudy. 10% chance of showers and storms.
SOUTHWEST: Dodge City, Garden City, Liberal, Greensburg, Guymon
Southwest:
Today: Partly to mostly cloudy. 20% chance of showers and storms. Hi: 84 Wind: NE/E 10-25
Tonight: Mostly to partly cloudy. Lo: 58 Wind: E/SE 5-15
Tomorrow: Partly cloudy. 20% chance of showers and storms. Hi: 85 Wind: SE 8-18
Tomorrow Night: Partly to mostly cloudy. 30% chance of showers and storms. Lo: 62 Wind: SE 5-15
Southwest Weekly
Sat: Hi: 92 Lo: 66 Mostly cloudy. 40% chance of showers and storms.
Sun: Hi: 91 Lo: 59 Mostly cloudy. 20% chance of showers and storms.
Mon: Hi: 82 Lo: 58 Mostly cloudy. 30% chance of showers and storms.
Tue: Hi: 83 Lo: 60 Mostly to partly cloudy. 30% chance of showers and storms.
Wed: Hi: 85 Lo: 61 Partly cloudy. 20% chance of showers and storms.
Thu: Hi: 89 Lo: 62 Partly cloudy. 10% chance of showers and storms.
NORTHWEST: Colby, Goodland, Hill City, Oberlin, McCook
Northwest:
Today: Partly cloudy to mostly sunny. Hi: 86 Wind: NE/E 5-15
Tonight: Mostly clear to partly cloudy. Lo: 61 Wind: E/S 5-15
Tomorrow: Partly cloudy. 20% chance of showers and storms. Hi: 86 Wind: S/SE 8-18
Tomorrow Night: Partly cloudy. 20% chance of showers and storms. Lo: 61 Wind: SE 5-15
Northwest Weekly
Sat: Hi: 90 Lo: 61 Partly to mostly cloudy. 50% chance of showers and storms.
Sun: Hi: 84 Lo: 55 Mostly cloudy. 20% chance of showers and storms.
Mon: Hi: 78 Lo: 56 Mostly to partly cloudy. 30% chance of showers and storms.
Tue: Hi: 82 Lo: 58 Partly cloudy. 30% chance of showers and storms.
Wed: Hi: 85 Lo: 59 Partly cloudy. 20% chance of showers and storms.
Thu: Hi: 87 Lo: 60 Partly cloudy. 10% chance of showers and storms.
NORTHCENTRAL: Salina, Great Bend, Hays, Russell, Beloit, Osborne
North Central:
Today: Mostly to partly cloudy. 10% chance of showers and storms. Hi: 83 Wind: NE 8-18
Tonight: Partly cloudy. Lo: 60 Wind: NE/SE 5-15
Tomorrow: Partly cloudy. 20% chance of showers and storms. Hi: 86 Wind: SE 8-18
Tomorrow Night: Partly to mostly cloudy. 30% chance of showers and storms. Lo: 66 Wind: SE 5-15
North Central Weekly
Sat: Hi: 88 Lo: 70 Partly to mostly cloudy. 70% chance of showers and storms.
Sun: Hi: 88 Lo: 63 Mostly cloudy. 30% chance of showers and storms.
Mon: Hi: 81 Lo: 62 Mostly to partly cloudy. 10% chance of showers and storms.
Tue: Hi: 84 Lo: 64 Partly cloudy. 20% chance of showers and storms.
Wed: Hi: 86 Lo: 66 Partly cloudy. 20% chance of showers and storms.
Thu: Hi: 88 Lo: 67 Partly cloudy. 10% chance of showers and storms.
WICHITA, Kan. (KSNW) — A Kansas fire department is asking people to be more careful about what they throw away.
The Mulvane Fire Department was called to a vehicle fire Wednesday afternoon. The driver of a trash truck had smelled something burning and pulled over to call 911.
When firefighters arrived, they found smoke coming from the back of the truck. In the trash bay, a firefighter discovered a discarded laptop computer with a lithium battery that was heating up.
The department said it was able to remove the battery from the truck and flood the truck with water to cool off the trash. This is the second incident involving a lithium battery crews have responded to this month, according to Mulvane Fire.
Lithium is highly reactive, and when batteries are damaged, they can heat up uncontrollably. The reaction cascades, with the battery getting hotter and hotter until all of the lithium is consumed. In some cases, when exposed to oxygen, lithium can ignite instantly.
The fire department is urging residents to never throw computers or anything with batteries in the trash. Sedgwick County offers this free recycling guide with information on how to properly dispose of a wide variety of household goods and chemicals.
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