Staff reporter Phyllis Zorn’s diligent efforts to verify this information by consulting a state database inadvertently triggered the chain of events leading to the raid.
It was even more complicated by the fact that the record had an open investigation of Marion Police Chief Gideon Cody. And information on him was also taken from the newspaper office.
Magistrate Judge Laura Viar signed a search warrant that alleged a newspaper reporter had committed identity theft and unlawful use of a computer. However, the basis for such claims remained uncertain. And questions still remain about the legality of the raid.
Marion County attorney Joel Ensey reviewed the affidavits that support the search warrants. And he has requested the district court to release them.
“I have come to the conclusion that insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized,” Ensey said.
“As a result, I have submitted a proposed order asking the court to release the evidence seized. I have asked local law enforcement to return the material seized to the owners of the property.”
