An legal professional for the Kansas paper that was raided by police claimed facts was cloned from their personal computers before a court docket-ordered return of the units.
The newspaper’s attorney, Bernie Rhodes, accused the county of cloning information and facts off at least just one computer system right after discovering a USB push lacking from the trove of returned content.
“It further more seems that through – or immediately after – the raid somebody utilised this driver to duplicate or clone info from a person or much more desktops owned by the Record,” Rhodes wrote in a letter to the county, threatening contempt of courtroom.
“This access is illegal. It also clearly violates the District Court’s August 16, 2023, purchase.”
Rhodes submitted the letter to Marion County Counselor Bradley Jantz Thursday, immediately after the newspaper found out one particular of its seized things, the USB drive, had not been returned. The attorney demanded the device be supplied again, as Decide Ben Sexton beforehand purchased the proof to be “released and returned” to the rightful owners, according to KWCH.
The attorney said he identified the lacking merchandise since the inventory listing that was filed with the court docket and the listing his forensic expert was offered didn’t match. The next record, which was offered to the forensic pro immediately after the lookup warrant was pulled, experienced the USB drive outlined.
“No 1 has been ready to explain to me nevertheless, irrespective of the publicity, despite my danger of contempt, inspite of the danger we’re possessing to go back again to get a next court docket purchase, why there are two lists,” Rhodes mentioned, in accordance to KWCH.
“The total place of an inventory list is to manage what we get in touch with a chain of custody so that it is distinct what was taken, so that can be made use of in court docket afterwards. With out a legitimate chain of custody, all of it is just garbage,” he continued. “The point that we have two different variations of the similar stock, signed evidently by the exact same officer, on the exact date, making use of the exact same kind, with the similar official variety on it, it’s rubbish.”
“While the apparent alteration of the stock checklist raises critical issues, what is very clear is that merchandise 9 on the stock posted by the Court docket has not been “released and returned,” as the Court ordered,” Rhodes wrote in the letter.
The attorney threatened to keep the sheriff in contempt of courtroom if the county did not return the USB travel. Jantz afterwards returned the flash drive, gave him the copied knowledge, and reported all copies would be ruined, KWCH claimed.
As of Saturday, the Marion County History noted, a offer amongst the county attorney and Rhodes had not still been signed.
The newspaper programs to sue the chief, which Rhodes mentioned is their “one selection.”
“We’re going to have to sue the chief, we’re likely to have to sue the police office, and we’re likely to have to sue the town of Marion to discover out the reality.”
The Record was raided on Aug. 11, with law enforcement seizing their desktops, cellphones, and reporting resources amid a dispute with a area businesswoman.
Newspaper proprietor Eric Meyer termed the raid’s timing “suspicious” as he found out the probable cause affidavit was submitted 3 days just after the lookups had been conducted.
He also blamed the raid for the death the pursuing working day of his 98-calendar year-outdated mom, the co-proprietor of the paper.
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