


A Kansas county prosecutor has withdrawn the warrant for a raid on a small-town newspaper, stating that the county police had "insufficient evidence" to seize information from the paper.
Marion County Police officers and sheriff's deputies raided the Marion County Record on Aug. 11, seizing phones and equipment. The raid caused the paper, which had been running for over 150 years, to shut down, prompting nationwide backlash from press freedom activists who said the raid was a violation of constitutional rights.
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Marion County Attorney Joel Ensey said on Wednesday that there was “insufficient evidence” to establish a “legally sufficient nexus between this alleged crime and the places searched and the items seized."
Ensey said police believed an "employee of the newspaper may have committed" a computer-based crime but there was not enough to justify a raid.
"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," Ensey said.
The lawyer for the Marion County Record said he was working with law enforcement to get the items back quickly.
"Yes, I can confirm the county attorney has withdrawn the search warrant, and the items seized are being released," attorney Bernie Rhodes said to NBC News. "My forensic expert is en route to Marion to retrieve them."
The raid at the newspaper occurred at the same time as a raid at the home of publisher and co-owner Eric Meyer, who said his cellphone, computer, and the home's internet router were taken.
Meyer said he believes the raid stemmed from a story published last week about local restaurant owner Kari Newell. Police wrote in the search warrant that they were investigating "identity theft," according to CNN.
Newell had accused the newspaper at a recent City Council meeting of having used illegal means to get information about a drunk driving conviction against her. She told CNN that the Marion County Record unlawfully used her credentials to get information that was only available to law enforcement, private investigators, and insurance agencies.
The paper has acknowledged that it received a tip and attempted to verify it through public records before deciding not to run a story on the information. The Marion County Record published the story about Newell's statement at the council meeting, where she confirmed her DUI conviction in 2008.
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The Kansas Bureau of Investigation said in a statement that it would continue a criminal investigation into the events surrounding the raid "without review or examination of any of the evidence seized" on Aug. 11.
"We will work with the Marion County Record, or their representative, to coordinate the prompt return of all seized items. Once our investigation concludes we will present findings to the Marion County Attorney for review," the KBI said.