The Democratic St. Louis Circuit Attorney and lawyers for Missouri Governor Eric Greitens (R) are set to appear in court Monday morning at the Carnahan Courthouse in downtown St. Louis.
A St. Louis City grand jury has indicted Greitens on one felony count of invasion of privacy.
The February indictment alleges that Greitens photographed a woman in a state of full or partial nudity, and “subsequently transmitted the image contained in the photograph in a manner that allowed access to that image via a computer.”
Greitens has admitted to an affair with the woman, but has denied the blackmail allegations.
Missourinet has reviewed a 17-page transcript of a motion hearing held Wednesday in St. Louis.
One of Greitens’ lawyers, Jack Garvey, says they’ll ask Judge Rex Burlison Monday to dismiss “based on the misinstructing of the grand jury.”
Garvey also says that the chief investigator for St. Louis Circuit Attorney Kimberly Gardner, William Tisaby, admitted under oath in a deposition last week that he has not seen the picture and is not aware of any evidence that a picture was transmitted, as alleged in the indictment.
“And finally, okay, and so you never found evidence of a photograph, correct?” Tisaby was asked, according to the transcript.
“No, sir,” Tisaby responded.
Gardner’s assistant, Robert Dierker, responded by telling Judge Burlison Wednesday that “there is, at a minimum, a strong circumstantial case that the defendant is guilty,” referring to Greitens.
Dierker also told the court that Greitens “had exclusive control of the best evidence in this case for three years.”
Gardner also told the court on Wednesday that defense attorneys “don’t know what evidence I have,” adding that they know right now what she’s turned over.
Garvey responded by telling the court “that’s very disturbing,”, and that defense attorneys should know what evidence she has.
Judge Burlison will also hear arguments on Monday on the defense’s request for a bench trial.
Burlison has scheduled a May 14th trial date, in downtown St. Louis.
Garvey told the judge on Wednesday that Governor Greitens wants to waive a jury trial and have a bench trial.
In a bench trial, there is no jury. The judge hears the case and issues a verdict.
Gardner opposes a bench trial.
During Wednesday’s hearing, Judge Burlison noted that “as we speak”, it’s set for trial by jury.
The judge noted the court will have the final say on this issue. Burlison could rule on the bench trial request Monday.
Meantime, Gardner’s office is seeking to disqualify some key members of Greitens’ defense team.
Gardner is prosecuting the invasion of privacy case, and her office has filed a motion to disqualify defense attorney James Bennett and the Dowd Bennett law firm.
The filing alleges that Dowd and Bennett have “knowingly engaged” in a conflict of interest.
Gardner’s filing alleges that at the same time Dowd and Bennett was representing the state, including whether Governor Greitens was using the Confide app, they also represented Greitens in the criminal case.
The filing alleges that the “Confide software application is at the center of both matters.”
Former U.S. Attorney Edward Dowd is one of Greitens’ defense attorneys.
It’s unclear whether Gardner’s motion to disqualify Dowd and Bennett will come up in court on Monday.
The hearing is scheduled to begin at 9 a.m.