MARION COUNTY – The Kansas Bureau of Investigation reported Wednesday afternoon that the criminal investigation occurring in Marion County related to the Marion County Record remains open.
The KBI determined in collaboration with the Marion County Attorney, that the investigation will proceed independently, and without review or examination of any of the evidence seized on Friday, Aug. 11.
The KBI is working with the Marion County Record, or their representative, to coordinate the prompt return of all seized items..
The county attorney, in a statement Wednesday, asked the court to release the evidence seized in the raid after determining that "insufficient evidence exists to establish a legally sufficient nexus between the alleged crime and the places searched and items seized." The county attorney asked local law enforcement to return materials seized to the owners of the property.
The county attorney statement reported, "the office reviewed in detail the original warrant application to search various locations in Marion County including the office of the newspaper."
"The affidavits the county attorney is now asking the court to release established probable cause to believe that an employee of the newspaper may have committed a crime KSA-21-5839 Unlawful acts concerning computers." Upon further review, the county attorney came to a different conclusion.
Once the KBI investigation concludes, the agency will present findings to the Marion County Attorney for review.