Defense attorneys for Governor Eric Greitens claim the grand jury that indicted him was never presented with a key photo to the charges brought against him.
KMOV-TV reports that in a seven-page motion, Greitens’ defense team argued Assistant Circuit Attorney Robert Steele mislead the grand jury when he instructed it to find probable cause for a violation of law.
According to the TV station, the motion states witnesses were never asked about the transmission of a photo.
It further states that the woman in question testified that she didn’t see a camera or a cell phone that could have been used to take the “alleged” photo, but instead heard a sound “similar to an iPhone camera.”
The existence of a photo is central to felony invasion of privacy charges against Greitens. The grand jury indictment alleges he knowingly photographed the woman with whom he was having an affair with, in a state of full or partial nudity without her knowledge and consent and then transmitted the photograph in a manner that allowed access to the image through a computer.
KMOV reports the defense motion references a private investigator hired by prosecutors to work on the case, William Tisaby, who “testified that he is unaware of any witness who has seen any photo as alleged in the indictment”.
In earlier proceedings, attorneys for Greitens did not deny he took the photo in question. In arguing for the case to be dismissed, they simply contended that the law does not apply to a situation where the photographed party knows he or she is being viewed by his or her partner who takes the photograph.
KMOV reports the defense team has now asked for a hearing next Monday on whether to dismiss the case outright and wants the judge to move the trial date from May 14 to the first week in April, citing a report from a Missouri House panel investigating the Governor’s conduct which is scheduled for release on April 9th.
The defense asked for a Wednesday court hearing in the case.
KMOV further reports the defense team indicated it planned to waive a jury trial because of “negative press” caused by the attorney for the victim’s ex-husband. Well known St. Louis attorney Al Watkins is representing the ex-husband.