Ex-chief’s hearing delayed

By PHYLLIS ZORN

Staff writer

A preliminary hearing on evidence against former Marion police chief Gideon Cody was delayed Monday from May 21 to July 23.

It was the second time Cody’s preliminary hearing had been delayed. Originally scheduled for Dec. 16, the hearing was delayed to May 21 for the same reasons it was delayed Monday.

District Judge Ryan Rosauer wrote in his order, made after an oral request, that Cody’s lawyer, Sal Intagliata of Wichita, needed more time to review the case.

“Given the voluminous unredacted records produced by the State of Kansas in this case and additional discovery forthcoming, counsel for Mr. Cody needs additional time to review the discovery, understand the case, work with Mr. Cody, and prepare for evidentiary preliminary hearing,” Rosauer wrote.

Cody is charged with felony interference with judicial process for allegedly inducing former Marion restaurant owner Kari Newell to delete text messages the two exchanged between Aug. 11 and 17, 2023.

At Cody’s original court appearance Oct. 7, attended by numerous reporters and local onlookers, Rosauer set Cody’s bond at $5,000, released him on his own recognizance, and agreed to waive personal appearances except for Cody’s preliminary hearing, arraignment, and plea.

Cody led a now-disavowed raid Aug. 11, 2023, on the Marion County Record and the homes of its owners and city council member Ruth Herbel.

The raid spurred five federal lawsuits, each alleging Cody and others had violated the plaintiffs’ constitutional rights.

It is possible Cody is trying to work out a plea agreement in the criminal case.

Further court hearings could include a plea hearing; preliminary hearing; arraignment, during which Cody would plead not guilty, no contest, or guilty; and a trial.

The charge is a low-level felony. Sentencing guidelines suggest probation if he is convicted.