St. Louis Circuit Judge Rex Burlison is considering a request to disqualify St. Louis prosecutors in a second criminal case involving Gov. Eric Greitens. The governor’s defense team argues that the special investigator, William Don Tisaby, who was hired by the circuit attorney lied repeatedly in Greitens’ felony invasion of privacy case, all under St. Louis Circuit Attorney Kim Gardner’s watch. During Tuesday’s court hearing, the defense claims this has tainted Gardner’s ability to prosecute a felony computer data tampering case against Greitens. The defense wants a special prosecutor assigned to the case.
The prosecution argues that Tisaby’s involvement in the computer data tampering case has been minimal.
The judge made no ruling but told attorneys to submit a list to him of potential special prosecutors.
On Friday, Gardner, a Democrat charged Greitens by complaint with computer tampering, which is like electronic theft. The charge stems from the governor’s alleged attempt to take and use a donor list from his former charity – The Mission Continues – without the permission of charity officials.
Last year, Greitens paid a $100 penalty after admitting he received the donor list. The donor information was used to bankroll the governor’s political campaign.
Greitens, a Republican, has criticized Gardner’s second charge against him by saying Gardner will use any charge she can to smear him. He is scheduled to go on trial May 14 for a felony invasion of privacy charge.
By Alisa Nelson and Missourinet contributing reporter Jill Enders
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