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Judge who signed Marion County Record raid warrant has two DUIs

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A Kansas judge who signed off on the ‘Gestapo-style’ raid of the Marion County Record reportedly has two DUIs — raising questions about its possible impact on the jurist’s decision.

Judge Laura Viar signed a warrant to allow a police raid of the newspaper over claims it illegally obtained DUI information about a local business owner.

In 2012, the Eighth Judicial District Magistrate judge reportedly completed a program after her own DUI arrest in Coffey County — and then was busted seven months later for a DUI in Morris County.

In the latter incident, the then-county attorney — who went by Laura Allen — was driving a judge’s vehicle when she went off the road and hit a shed near the Council Grove football field, according to a 2012 report by WIBW.

She also had a suspended license, according to KWCH.

The warrant Viar signed in the Marion County Record’s case has since been withdrawn due to “insufficient evidence,” Marion County Attorney Joel Ensey announced Wednesday.

Ensey said the warrant did not “establish a legally sufficient nexus between this alleged crime and the places searched and the items seized.”

Judge Laura Viar has previously been arrested for two DUI incidents in 2012. Last week, Viar signed a warrant to search the Marion County Record, a local Kansas paper, after a local businesswoman, Kari Newell, accused the paper of illegally obtaining document pertaining to her DUI incident, which would have interrupted her application for a liquor license.
8th Judicial District

The newspaper’s computers, cell phones, and reporting material were hauled out of the office, as well as from the publisher’s home on Friday. One reporter also suffered a finger injury after a cop grabbed a cell phone from her hand.

Marion County Record owner Eric Meyer, whose house was also raided, said his mother, Joan Meyer, 98, a veteran newswoman who also lived there, died from stress the day after the intrusion — and had been in good health prior to the raid.

The warrant was issued after restaurant owner Kari Newell, 46, accused the newspaper of illegally obtaining information about her DUI that could upend her liquor license application.

An unknown person had leaked the documents to both the newspaper and Vice Mayor Ruth Herbel showing Newell had a DUI on her record and that she was driving without a license.


The outside of the Marion County Record's building is pictured
On Friday, the small team paper’s office and publisher’s home was raided by the Marion Police Department.

Police are seen raiding the Record.
The warrant Viar signed has since been withdrawn due to “insufficient evidence,” Marion County Attorney Joel Ensey said on Wednesday. Ensey said the warrant did not “establish a legally sufficient nexus between this alleged crime and the places searched and the items seized.”
AP

The Marion County Record paper.
The paper continued publication despite the raid.
AP

A sign on the paper's door saying papers would be late.
The paper has seen an influx in subscriptions since the raid.
AP

The Marion County Record, however, never published the story — instead alerting police and suggesting someone related to Newell’s ex-husband was involved in the leak.  

Meyer said despite the newspaper being open to cooperating with the police, cops never reached out or asked for the document.

In addition, it was revealed the newspaper was investigating Marion Police Chief Gideon Cody, who began work at the department in June after leaving a Missouri force earlier this year. The Marion County Record was looking into sexual misconduct allegations against Cody.

The newspaper’s equipment has since been returned.

While investigating the newspaper raid, Meyer said he found it “a little suspicious” a probable cause affidavit was filed three days after a search warrant was served.


Paper owner Eric Meyer is pictured holding a copy of the newspaper.
The paper’s owner Eric Meyer found out the probable cause affidavit was filed three days after the warrant had been executed, which he called “a little suspicious.”
AP

Meyer also laughed at officers who failed to seize Newell’s DUI documents, which were out in the open during the raid.

“It was sitting on my desk next to the computer they seized. They didn’t take it,” he told CNN.

Meyer suspects the raid was allegedly triggered by the paper’s investigation into Cody — rather than Newell’s DUI information.

“It’s just speculation, oddities about what’s going on here,” the newsman said.


A copy of the search warrant is pictured
Meyer suspects the raid happened due to their investigation into Chief Gideon Cody, who allegedly faces sexual misconduct allegations in Missouri.
Mark Reinstein/Shutterstock

As for the newspaper, which continues publication — and has even had an influx of subscriptions — Meyer says the small team is going to carry on has it has always done.

“My mind right now is we’re not gonna change a thing about what we do because we didn’t do anything wrong. And we may have done something right,” Meyer told KWCH. “If somebody wants to bully you, it must mean that they don’t want you to have something. We don’t know what it is, but that makes you even want it more.”

“You cannot let bullies win,” Meyer told the Associated Press. “We have a staff that’s very experienced, including myself, and we’re not going to take crap.”

With Post wires.

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