Attorneys for former police chief who led Kansas newspaper raid want to drop him as a client

TOPEKA — The attorneys for former Marion Police Chief Gideon Cody have asked the court to withdraw from his criminal case because of a broken relationship between the attorneys and their client.

Cody faces a low-level felony charge of interfering with judicial process and is set to go on trial Aug. 24. He led the police raid on the Marion County Record, the newspaper publisher’s home, and the home of a city councilwoman in August 2023.

Special prosecutors Marc Bennett, of Sedgwick County, and Barry Wilkerson, of Riley County, cleared Cody and other law enforcement officers of wrongdoing in carrying out the raids, even though they were based on a made-up crime and violated both state and federal laws that protect journalists and their sources. The raids spawned five ongoing federal lawsuits.

The criminal charge stems from Cody telling a witness, after the raids became the topic of intense scrutiny, to delete text messages that could give someone the wrong idea about the nature of their relationship. If convicted, because he has no criminal history, Cody’s sentence would be presumptive probation.

On Wednesday, Wichita defense attorneys Sal Intagliata and Audra Asher filed a motion to withdraw from the case.

“Effective assistance of counsel has been undermined by a breakdown in the attorney-client relationship and attorney-client communication,” they wrote.

They requested a hearing on their motion. A motion hearing for the case was already scheduled for Aug. 5.

If the attorneys are allowed to withdraw, Cody’s trial could be delayed for a second time. It previously was set for Feb. 2.