Ex-chief bound over for trial
Staff writer
After a two-hour hearing Wednesday morning in Marion County District Court, District Judge Ryan Rosauer bound former Marion police chief Gideon Cody over for trial on a charge of interference with judicial process.
Trial is set for five days, beginning Feb. 2.
The charge, filed Aug. 12, 2024, stems from Cody allegedly inducing former Marion coffee shop owner Kari Newell to delete text messages exchanged between them in the days after a raid Aug. 11, 2023, on the Marion County Record and the homes of its owners, Eric Meyer and Joan Meyer, and then-councilwoman Ruth Herbel.
Taking the stand to testify during Cody’s preliminary hearing were Newell and Colorado Bureau of Investigation senior agent John Zamora, who investigated the raids and the circumstances surrounding them.
Zamora and another agent questioned police officers, the sheriff and deputies, Marion’s city administrator, former mayor David Mayfield, Herbel, Newell, the insurance company lawyer defending the city, and others.
Despite an earlier court order that Cody would appear in person for his preliminary hearing, he appeared by Zoom.
Rosauer told Cody he had a right to be physically present and asked whether he voluntarily surrendered that right.
As the hearing began, Cody appeared nervous, then appeared to listen attentively to testimony before spending time looking away from his computer camera.
As the hearing ended and Rosauer announced his decision that Cody should be tried on the charge, Cody held both hands, fingers bent downward, in front of his mouth and appeared sad.
Attorney Sal Intagliata, Wichita, and co-counsel Audra Asher, Sterling, appeared in defense of Cody.
Riley County Attorney Barry Wilkerson and Sedgwick County District Attorney Marc Bennett are prosecutors for the case.
Newspaper owner Eric Meyer said he couldn’t say he felt satisfied with the outcome of the hearing.
“Satisfied isn’t the right word,” he said. “This is just a very small slice of the overall case and really doesn’t have anything to do with the actual raid itself but rather attempts to potentially cover up afterward.
“The real proof of this will come out in federal court cases, which may be many months, if not years, in coming.”
Five lawsuits have been filed against the city and county. One has resolved. Another has been only partially resolved.
“Look at what this case is costing,” Meyer said, “all the expenses of bringing people, including a Colorado Bureau of Investigations agent, to testify. Plaintiffs, the defendant, and most importantly taxpayers are spending a heck of a lot of money when all that was needed was for someone to ’fess up.”
The preliminary hearing gave onlookers and prosecutors a preview of what the defense will be: that Cody kept texts between himself and Newell and intended to give them to someone at some point.
Bennett pointed out that was not the question at a preliminary hearing, but rather a matter to be resolved at the trial.