Is the Criminal Case Against Missouri Governor Eric Greitens About To Be Dismissed?

Missouri Republican Governor-elect Eric Greitens delivers a victory speech along side his wife Sheena and son Joshua Tuesday, Nov. 8, 2016, in Chesterfield, Mo. (AP Photo/Jeff Curry)

Another hearing was held today in the criminal case pending against Missouri’s Governor, Eric Greitens.  As detailed previously here and here, Governor Greitens is charged with Felony Invasion of Privacy for allegedly photographing his mistress in a state of undress and threatening to publish it if she told anyone about their affair. While the Governor has acknowledged the affair (which occurred prior to his election), he has steadfastly denied any threat or attempt to blackmail the woman.


Last week, Greitens’ defense counsel filed a Motion to Compel and for Sanctions in the criminal matter upon the revelation that the prosecution’s investigator had failed to disclose he had taken notes when he interviewed the woman at the center of the allegations. The defense contended that the prosecution withheld that evidence, as well as other evidence, including a video of that interview.

As noted by the St. Louis Post Dispatch:

In court Monday, defense lawyer Jim Martin said a new recording of the woman talking to her former husband and notes of an investigator working for prosecutors were not turned over until the weekend. That’s despite repeated requests and a similar hearing Thursday, at which the defense made allegations of “criminal perjury” against that investigator, William Don Tisaby.

They’ve also complained that St. Louis Circuit Attorney Kim Gardner allowed Tisaby to lie under oath about notes and interviews.

The prosecution concedes that the investigator made mistakes:

A top official with the St. Louis circuit attorney’s office said in a court hearing Monday that the “egregious mistakes” of a man hired to investigate Greitens should not prompt dismissal of the indictment against the governor.

Chief Trial Assistant Robert Dierker admitted that the actions of William Tisaby have “created a terrible appearance” and given the false impression that the prosecutor’s office hid evidence, including delaying handing over notes and a videotape from depositions.

Judge Rex Burlison has given the parties until 12:00 Noon on Wednesday to file any supplemental pleadings on the pending Motion, which includes the request that the case be dismissed altogether, in light of the alleged misconduct on the part of the prosecution. He is expected to rule Thursday.



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