Kansas
Judge who authorized Kansas newspaper raid escapes discipline with secret conflicting explanation • Kansas Reflector
TOPEKA — The magistrate who authorized last year’s police raid on the Marion County Record escaped discipline from a state panel by making claims that contradict statements in federal lawsuits about how the search warrants arrived in front of her and whether the police chief swore they were true before she signed them.
Magistrate Judge Laura Viar’s secret explanation, obtained by Kansas Reflector, adds a new layer of confusion and mystery to how law enforcement were able to carry out the search and seizure of journalists’ computers and cellphones without regard for state and federal laws that prohibit such police action. It also raises concerns about the low standards set for judges by the Kansas Commission on Judicial Conduct.
Marion Police Chief Gideon Cody prepared search warrant applications with the assistance of a sheriff’s deputy that accused newspaper reporter Phyllis Zorn of committing identity theft by looking up a driving record in a Kansas Department of Revenue public database. Publisher and editor Eric Meyer and Councilwoman Ruth Herbel were targeted for having a copy of the record.
In court documents, Cody said he emailed the search warrant applications to County Attorney Joel Ensey, whose office delivered them to the judge. Ensey, in an email he sent to himself a day after the Aug. 11, 2023, raid, said he printed off the applications without reading them and had an office manager deliver them to the judge. That email has been attached to court filings.
A Topeka woman in April filed a complaint against Viar with the Kansas Commission on Judicial Conduct after reading Meyer’s lawsuit against Cody and others. The lawsuit questions whether the search warrants were legal if Cody never appeared before the judge.
In Viar’s response to the disciplinary panel, she wrote that District Judge Susan Robson approached her with an unknown law enforcement officer on the morning of the raid. According to Viar, Robson introduced the officer as Cody and said she couldn’t sign the warrants “because of her history with the city,” which isn’t explained. Cody led the judges to believe that Kansas Bureau of Investigation agents, who had assisted Cody in the investigation, were prepared to join the raid, even though they weren’t, Viar wrote.
“I can say with 100% certainty that I did not approve the search warrants and return them to Chief Cody until I had verified under oath his signature and the truthfulness of the statements in the supporting affidavits,” Viar wrote.
The disciplinary panel dismissed the complaint against Viar after receiving her response, according to a letter obtained by Kansas Reflector. It isn’t clear whether the panel, which operates in secrecy by Kansas Supreme Court rule, independently investigated the accuracy of Viar’s account.
The panel members who dismissed the complaint against Viar were Grant County District Judge Bradley Ambrosier; Kansas City, Kansas, attorney Tonda Jones Hill; Rosemary Kolich, of the Sisters of Charity of Leavenworth; Kansas Court of Appeals Judge Thomas Malone; and Johnson County Judge Thomas Kelly Ryan.
Viar didn’t respond to an email inquiry asking her to reconcile her account with the ones provided by Cody and Ensey.
The commission directed questions to Lisa Taylor, spokeswoman for the Office of Judicial Administration, who said, “I have no information related to this matter.”
Jared McClain, an attorney with the Virginia-based Institute for Justice who represents Herbel in her federal lawsuit over the raid, said he was surprised that Viar’s account differs “so drastically” from the police chief and county attorney.
“Those are completely different versions of the truth,” McClain said. “And I don’t see what Cody or Ensey could have to gain by telling their version of the story, because their version of the story is worse for them. But Viar’s is better for everyone. So if that were the truth, why did the other guys spend a year saying something different?”
McClain also said it was “obvious” there was no probable cause for the searches, because the police theory of a crime dealt with accessing a public record on a public website.
The same disciplinary panel previously dismissed a complaint against Viar that was based on the lack of evidence to support a crime, the federal and state laws that should have prevented the judge from signing the documents, and the violation of constitutional freedoms.
Emily Bradbury, executive director of the Kansas Press Association, said she was disappointed the disciplinary panel had let Viar off the hook.
“It’s another level of accountability that will never happen,” Bradbury said.
Zorn, the reporter whose work became a pretext for the raid, said she was upset that police “came in with such a lousy excuse for a warrant.”
“This thing was political. And I wasn’t the target. I was actually the pawn,” Zorn said. “They seized upon something and used that as their excuse. And I will say this: I was raised by a small town cop who spent 18 and three-quarters years with highway patrol. He has been dead for four years. There’s no doubt in my mind he is still spinning in his grave.”
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WICHITA, Kan. (KSNW) — Two Kansas parents were charged Thursday in connection with the shooting deaths of their two children.
The Ellsworth County Attorney’s Office charged Aaron French and Makayla French of Brookville with four counts each of aggravated child endangerment.
On March 28, law enforcement responded to a home near Kansas Highway 141 and Avenue N near Kanopolis Lake.
A 5-year-old girl and an 8-year-old boy had been shot, according to the Kansas Bureau of Investigation. The 5-year-old was pronounced dead at the scene. The 8-year-old was taken to a Wichita hospital, where he died almost a week later.
The KBI said a young child in the home picked up a loaded, unsecured shotgun and shot the siblings.
Aaron French, 37, and Makayla French, 28, have been ordered to appear in court on July 28.
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KSHB 41 reporter Isabella Ledonne reports on stories in Overland Park, Johnson County and topics about government accountability. Share your story idea with Isabella.
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Saturday marks the final FIFA World Cup 26 match in Kansas City with Argentina set to meet Switzerland on the pitch at Kansas City Stadium.
Kansas City to reduce bus transit frequency, extended hours after World Cup
Public transportation received a big boost during the World Cup.
Johnson County launched JOCO United, and according to leaders, the airport drop and ride service that was implemented for the tournament will stick around.
“It has been very smooth every time,” Johnson County resident Mariah Wickham said. “I’ve been up and down so many times.”
Kansas City, Missouri, also bumped up its transit options, but not all of the those will be sticking around once the final whistle blows.
Tens of thousands of people have been using the airport link, streetcar and the buses to get around Kansas City. The city poured millions of dollars into building up its public transit infrastructure. The KCATA added more frequency to bus transit lines and the streetcar, pushing more fans to use public transportation during the tournament.
Brian Luton
“With the World Cup here, I was able to exercise using the streetcar more frequently and that was really fun,” Trish Luancing said. “It wold be nice to not have to drive everywhere and not have to worry about parking.”
But thousands have been relying on public transit for years, regardless of what event was in town.
“It’s been busier since the World Cup,” Jeffrice Jackson, a bus rider, said. “It’s been smooth sailing.”
The KCATA added streetcar ‘bus bridge’ links, extended bus service hours and increased frequency on East-West routes to link riders to the streetcar. It’s benefited both travelers and commuters.
Brian Luton
“[Service] has been more consistent with the World Cup than it was previously,” Jerry Breault, a rider said. “We were missing buses or routes because there weren’t enough drivers to drive that route.”
But the add-on’s stop on Sunday, July 12. If the transit authority can’t find more money, more than a dozen routes will be cut, potentially impacting more than 8,000 riders.
“It’s a little frustrating,” Breault said. “A lot of us rely on it just to get back and forth to work, to take care of our daily needs. It looks like we may be having to find alternatives and we’re not very happy about that.”
The KCATA will potentially suspend these weekday and weekend routes by September:
Weekday Route Eliminations:
- 9 – 9th Street, 365 average weekday ridership
- 21 – Cleveland Antioch, 512 average weekday ridership
- 23 – 23rd Street, 266 average weekday ridership
- 25 – Troost Local, 1,460 average weekday ridership
- 27 – 27th Street, 422 average weekday ridership
- 57 – Wornall, 411 average weekday ridership
- 71 – Prospect Local, 464 average weekday ridership
Weekend Route Eliminations:
- 9 – 9th Street, 349 average weekend ridership
- 21 – Cleveland Antioch, 312 average weekend ridership
- 23 – 23rd Street, 312 average weekend ridership
- 25 – Troost Local, 1,431 average weekend ridership
- 27 – 27th Street, 455 average weekend ridership
- 57 – Wornall, 595 average weekend ridership
- 71 – Prospect Local, 982 average weekend ridership
Bus fares came back earlier this summer to offset some of the operation costs, but many have reported issues with the free fare cards and eligibility.
“There’s always funding challenges with the KCATA,” Kansas City, Missouri, Mayor Quinton Lucas said. “How are the fare re-institutions working right now?”
Brian Luton
Mayor Lucas told KSHB 41 News Reporter Isabella Ledonne the transit improvements implemented for the World Cup “should continue,” and there are plans to talk with the KCATA commissioners to “make it work”.
“KCATA cannot just be Kansas City supported alone forever,” Mayor Lucas said. “Our approach and our preference is that the region got to see how much they would like [expanded service] during the World Cup. It was always intentional that if they liked it, maybe they would invest and maybe they would want this thing to go further.”
That’s good news to the thousands of daily riders.
Brian Luton
“I think it’s good because it helps people get around if they need to get around,” Jackson said.
The KCATA did not make themselves available for an interview.
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