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> The KBI said it was asked by Marion police and Marion County Attorney Joel Ensey to join an investigation into accusations of “illegal access and disseminatio

> The KBI said it was asked by Marion police and Marion County Attorney Joel Ensey to join an investigation into accusations of “illegal access and dissemination of confidential criminal justice information.” Ensey will decide whether to file criminal charges after the KBI forwards the findings of its investigation. Isn't Ensey the guy whose family owns the hotel/liquor license that started all of this?

maximinus_thrax 3y ago
Yes, yes he is. https://www.kansascity.com/news/politics-government/article278388049.html https://www.kansascity.com/news/politics-government/article2...
i_am_jl 3y ago
Ensey's sister in law and brother own the Historic Elgin Hotel, one of them currently holds the liquor license for the restaurant, as it used to be their restaurant. The restaurant business is owned by Kari Newell (who purchased it from the Enseys in February) and operates out of the lobby of the Elgin hotel. Kari Newell is the individual with the DUI that is attempting to get the liquor license and whose information was allegedly obtained illegally, prompting the search. I'm not sure this is grounds for disqualification. No matter how Ensey decides to proceed against the police I don't think it moves the needle on whether or not Newell gets her liquor license or doesn't, so can't possibly harm or help his family's interests. EDIT: Maybe the argument that he's biased is that he's inclined to sweep it under the run to keep his family's name out of the paper? That's reasonable.
- JumpCrisscross 3y ago
  > not sure this is grounds for disqualification It seems a felony DUI conviction would bar Newell from securing a liquor license [1]. (I don't believe Newell had a felony DUI conviction.) [1] https://www.ksrevenue.gov/abcemployeefaqs.html https://www.ksrevenue.gov/abcemployeefaqs.html
  - mschuster91 3y ago
    > Is there a time limit on felony convictions? > No, a felony must be expunged to work as an employee who serves, mixes and dispenses alcohol or manages employees who handle alcohol. Jesus. Stripping people of their employment for a few years is acceptable if the offense is related to the employment. But forcing someone to switch careers or to sell their business for life? That's nuts.
    - JumpCrisscross 3y ago
      > forcing someone to switch careers or to sell their business for life It looks like a felony DUI in Kansas means you're on your third or fourth DUI [1]. [1] https://www.duikc.com/felony-dui-dwi-in-kansas-missouri https://www.duikc.com/felony-dui-dwi-in-kansas-missouri
    - feoren 3y ago
      Bullshit. Don't fucking drink and drive. It's not hard for most people. If you can't handle alcohol, how can you be expected to be a bartender? You really think having such a deep-seated problem with alcohol that you are willing to commit murder over it is somehow unrelated to employment as a bartender!? If someone was caught firing guns randomly into buildings, do you think that would be unrelated to their employment in a gun store?
      - ethbr1 3y ago
        The problem is that felony DUI (as opposed to lesser charges) is also about (a) a serious incident happening while you're intoxicated (chance) and (b) government prosecution discretion (serious bias). That's an awful lots of "if"s to attach to a lifelong limitation. F.ex. Do we all want to bet how often politician and wealthy donors' children take a felony DUI charge vs the general populace?
        NikolaNovak 3y ago
        There is zero "chance" in being in serious accident while intoxicated. Nobody fell down on a bottle of whiskey and accidentally drank it and then chose to drive. We can have a meaningful discussion whether a single bad decision should destroy a life,but let's call it what it is, a decision, not a "chance".
HumblyTossed 3y ago
My guess is there will be no charges filed. They will drag this out for a year until the world has forgot all about it, then just quietly drop it all.
- criddell 3y ago
  You and I will forget about it, but news outlets tend to not forget about police raids like this.
  - deleted 3y ago
    [deleted]
  - salawat 3y ago
    As they shouldn't. Anyone characterizing this as anything other than systemic corruption is downright insane. It may not be the jurisdiction you live in, but it absolutely deserves attention being brought to it.
    - ethbr1 3y ago
      The facts have yet to be determined. It's possible the paper did break some laws. The odds don't look good that they did (vs other motives), and even if they did the warrant and seizures were likely illegally extensive, but it's a possibility. Either we care about actual facts and laws, or we judge that on the basis of who the accused is. The correct action would be to: - Support the paper financially so they can fund a robust defense - Continue to press for an investigation into the original warrant and seizure
- causality0 3y ago
  The worst that will happen is the police have to give some taxpayer money to the newspaper and maybe a couple of officers have to find jobs in the next county over.
ianbicking 3y ago
Does this all actually mean they are bringing the KBI in on the investigation against the newspaper? People responding as though this is a check on the police, but this sounds like it could instead be an escalation (maybe by law enforcement that isn't so ham handed, but not necessarily any more virtuous)
- sambull 3y ago
  It does sound like they want them to investigate the newspaper
- JumpCrisscross 3y ago
  > Does this all actually mean they are bringing the KBI in on the investigation against the newspaper? Police conducted the raid. The Marion County Attorney withdrew the search warrant on the basis of "'insufficient evidence'...to establish a 'legally sufficient nexus between this alleged crime and the places searched and the items seized'" [1]. Said attorney's brother, with his wife, "owns Marion’s Historic Elgin Hotel, where the restaurant Chef’s Plate at Parlour 1886 is located. The hotel’s liquor license is currently held by [the wife], but is only valid through Aug. 28. Newell owns Chef’s Plate and is seeking her own liquor license" [2]. (Newell is the proximate cause of this mess.) At face value, this looks like a conflicted party asking a third party to take over a tainted investigation. [1] https://www.kansascity.com/news/state/kansas/article278300178.html https://www.kansascity.com/news/state/kansas/article27830017... [2] https://www.kansascity.com/news/politics-government/article278388049.html https://www.kansascity.com/news/politics-government/article2...
  - dragonwriter 3y ago
    > At face value, this looks like a conflicted party asking a third party to take over a tainted investigation. KBI is not a third party, they were active participants in the investigation leading to the raid, and released a supportive statement during the outrage over it. (The third party that needs to get involved is the US DOJ.) https://kansasreflector.com/2023/08/13/kbi-director-on-marion-county-newspaper-raid-media-is-not-above-the-law/ https://kansasreflector.com/2023/08/13/kbi-director-on-mario...
Obscurity4340 3y ago
The more interesting question to me is how is criminal justice info pertaining to a conviction and defendant confidential in any sense? The expression "confidential criminal justice information" is practically an oxymoron, unless she did it as a juvenile.

maximinus_thrax 3y ago

Yes, yes he is. https://www.kansascity.com/news/politics-government/article278388049.html https://www.kansascity.com/news/politics-government/article2...

i_am_jl 3y ago

Ensey's sister in law and brother own the Historic Elgin Hotel, one of them currently holds the liquor license for the restaurant, as it used to be their restaurant. The restaurant business is owned by Kari Newell (who purchased it from the Enseys in February) and operates out of the lobby of the Elgin hotel. Kari Newell is the individual with the DUI that is attempting to get the liquor license and whose information was allegedly obtained illegally, prompting the search. I'm not sure this is grounds for disqualification. No matter how Ensey decides to proceed against the police I don't think it moves the needle on whether or not Newell gets her liquor license or doesn't, so can't possibly harm or help his family's interests. EDIT: Maybe the argument that he's biased is that he's inclined to sweep it under the run to keep his family's name out of the paper? That's reasonable.

JumpCrisscross 3y ago
> not sure this is grounds for disqualification It seems a felony DUI conviction would bar Newell from securing a liquor license [1]. (I don't believe Newell had a felony DUI conviction.) [1] https://www.ksrevenue.gov/abcemployeefaqs.html https://www.ksrevenue.gov/abcemployeefaqs.html
- mschuster91 3y ago
  > Is there a time limit on felony convictions? > No, a felony must be expunged to work as an employee who serves, mixes and dispenses alcohol or manages employees who handle alcohol. Jesus. Stripping people of their employment for a few years is acceptable if the offense is related to the employment. But forcing someone to switch careers or to sell their business for life? That's nuts.
  - JumpCrisscross 3y ago
    > forcing someone to switch careers or to sell their business for life It looks like a felony DUI in Kansas means you're on your third or fourth DUI [1]. [1] https://www.duikc.com/felony-dui-dwi-in-kansas-missouri https://www.duikc.com/felony-dui-dwi-in-kansas-missouri
  - feoren 3y ago
    Bullshit. Don't fucking drink and drive. It's not hard for most people. If you can't handle alcohol, how can you be expected to be a bartender? You really think having such a deep-seated problem with alcohol that you are willing to commit murder over it is somehow unrelated to employment as a bartender!? If someone was caught firing guns randomly into buildings, do you think that would be unrelated to their employment in a gun store?
    - ethbr1 3y ago
      The problem is that felony DUI (as opposed to lesser charges) is also about (a) a serious incident happening while you're intoxicated (chance) and (b) government prosecution discretion (serious bias). That's an awful lots of "if"s to attach to a lifelong limitation. F.ex. Do we all want to bet how often politician and wealthy donors' children take a felony DUI charge vs the general populace?
      - NikolaNovak 3y ago
        There is zero "chance" in being in serious accident while intoxicated. Nobody fell down on a bottle of whiskey and accidentally drank it and then chose to drive. We can have a meaningful discussion whether a single bad decision should destroy a life,but let's call it what it is, a decision, not a "chance".

HumblyTossed 3y ago

My guess is there will be no charges filed. They will drag this out for a year until the world has forgot all about it, then just quietly drop it all.

criddell 3y ago
You and I will forget about it, but news outlets tend to not forget about police raids like this.
- deleted 3y ago
  [deleted]
- salawat 3y ago
  As they shouldn't. Anyone characterizing this as anything other than systemic corruption is downright insane. It may not be the jurisdiction you live in, but it absolutely deserves attention being brought to it.
  - ethbr1 3y ago
    The facts have yet to be determined. It's possible the paper did break some laws. The odds don't look good that they did (vs other motives), and even if they did the warrant and seizures were likely illegally extensive, but it's a possibility. Either we care about actual facts and laws, or we judge that on the basis of who the accused is. The correct action would be to: - Support the paper financially so they can fund a robust defense - Continue to press for an investigation into the original warrant and seizure
causality0 3y ago
The worst that will happen is the police have to give some taxpayer money to the newspaper and maybe a couple of officers have to find jobs in the next county over.

ianbicking 3y ago

Does this all actually mean they are bringing the KBI in on the investigation against the newspaper? People responding as though this is a check on the police, but this sounds like it could instead be an escalation (maybe by law enforcement that isn't so ham handed, but not necessarily any more virtuous)

sambull 3y ago
It does sound like they want them to investigate the newspaper
JumpCrisscross 3y ago
> Does this all actually mean they are bringing the KBI in on the investigation against the newspaper? Police conducted the raid. The Marion County Attorney withdrew the search warrant on the basis of "'insufficient evidence'...to establish a 'legally sufficient nexus between this alleged crime and the places searched and the items seized'" [1]. Said attorney's brother, with his wife, "owns Marion’s Historic Elgin Hotel, where the restaurant Chef’s Plate at Parlour 1886 is located. The hotel’s liquor license is currently held by [the wife], but is only valid through Aug. 28. Newell owns Chef’s Plate and is seeking her own liquor license" [2]. (Newell is the proximate cause of this mess.) At face value, this looks like a conflicted party asking a third party to take over a tainted investigation. [1] https://www.kansascity.com/news/state/kansas/article278300178.html https://www.kansascity.com/news/state/kansas/article27830017... [2] https://www.kansascity.com/news/politics-government/article278388049.html https://www.kansascity.com/news/politics-government/article2...
- dragonwriter 3y ago
  > At face value, this looks like a conflicted party asking a third party to take over a tainted investigation. KBI is not a third party, they were active participants in the investigation leading to the raid, and released a supportive statement during the outrage over it. (The third party that needs to get involved is the US DOJ.) https://kansasreflector.com/2023/08/13/kbi-director-on-marion-county-newspaper-raid-media-is-not-above-the-law/ https://kansasreflector.com/2023/08/13/kbi-director-on-mario...

Obscurity4340 3y ago

The more interesting question to me is how is criminal justice info pertaining to a conviction and defendant confidential in any sense? The expression "confidential criminal justice information" is practically an oxymoron, unless she did it as a juvenile.