Ex-chief’s trial may wait ’til next year
But taxpayers aren’t picking up the tab for delays in it or civil cases
Staff writer
Former Marion police chief Gideon Cody’s trial on felony charges is unlikely before next year as his new attorneys review tens of thousands of pages of evidence.
No trial date was set at a status hearing Monday. Another hearing was scheduled for Oct. 1.
Cody’s new attorneys, hired after his previous attorneys were dismissed because he and they disagreed on strategy, received a large batch of documents about a week and a half ago. Defense attorney James Brun still had not received files from Cody’s previous attorneys, however.
Documents involved in the case, in which Cody is accused of urging destruction of evidence after his now-disavowed raid on the Record newsroom, total 49,000 pages, although only 9,000 to 10,000 appear to be original material, special prosecutor Marc Bennett said.
Another 45 days will give the defense time to review the case and determine what motions to file, Brun said.
A change in venue from Marion County is also being considered, Brun said.
Brun expects to seek a trial date Oct. 1 but likely will ask that the trial be scheduled well afterward.
Delays are not generating added costs to Marion County. Bennett and fellow special prosecutor Barry Wilkerson are not being paid for their work.
The prosecutors, who are county prosecutors in Sedgwick and Riley counties respectively, will seek only mileage reimbursement when driving personal vehicles to Marion County, according to the Riley County attorney’s office.
Marion County has paid expert witness Tom Bath. Civilian witnesses also could receive fees and reimbursement for mileage, meals and lodging.
Legal fees incurred by Marion County and the City of Marion in defending themselves against civil suits brought in response to the raid, are being paid by insurance rather than taxpayers.
Cody is charged with interfering with a judicial proceeding by inducing a witness to withhold or delay information after the now-disavowed raid in August, 2023 on the Record newsroom and two Marion homes.
His bond and previous conditions remain in effect.