Cody loses bid to drop case

Trial delayed until at least summer

By MICHAEL MARESH

Staff writer

Former Marion police chief Gideon Cody’s attempt to dismiss felony damages against him was denied Tuesday by Judge Ryan Rosauer.

But Rosauer agreed to delay Cody’s trial on charges interfering with judicial process, from February until summer or later

Cody’s lead attorney Salavatore Intagliata argued Cody kept a copy of texts exchanged with restaurant owner Kari Newell even after she deleted the texts at his request.

This, he argued, precluded Cody being accused of interfering with judicial process.

However, prosecutor Marc Bennett said Cody never reported or put in reports that he had the texts.

“He never submitted them,” Bennett said. “He did not want them to see the light of day.”

Rosauer agreed to delay Cody’s trial, scheduled for February until the weeks of June 22, July 13, and Aug 31. Attorneys agreed and will decide which week is best.

Rosauer said he would like the trial to take place in the summer but warned that if a change of venue were granted the trial might be delayed further.

Questions that will be sent to prospective jurors must be provided to the court by May 1 in advance of a May 8 hearing on motions.

Cody’s other attorney, Audra Asher, said the defense needed to wait in formulating the questions until they see a documentary on the 2023 raid on the Record office and two homes that Cody led before encouraging Newell to destroy texts related to the raid.

The documentary is scheduled for later this month at the Sundance Festival.

“The content of this documentary might change our questions,” Asher said.

While a change of venue was not one of the motions directly discussed, one might be coming.

Witnesses the court endorsed Tuesday include Record attorney Bernard Rhodes, police officer Tom Bass, Wichita lawyer Jennifer Hill, and former TV reporter Jessica McMaster, who was the first to report that Newell had been encouraged to destroy texts.

Cody, who has moved to his native Hawaii, has permission not to attend court hearings in person but was present for Tuesday’s hearing in person.