21 April, 2018
Eric Greitens, already facing one felony charge for invasion of privacy, as well as allegations of sexual assault and blackmail, could potentially be charged with a separate felony for his campaign practices when he ran for office. "Clearly in this case the state has committed sanctionable discovery violations of the rules of criminal procedure". That investigator, William Don Tisaby, has become a central issue in recent filings, as defense lawyers say he lied in his deposition and may have concealed evidence that they say is favorable to Greitens.
Greitens' trial is scheduled for May 14.
The governor's attorneys have cited a number of concerns in the invasion of privacy case against the governor.
Meanwhile, Greitens faces the possibility of impeachment over the same scandal.
A St. Louis grand jury indicted Greitens in February. "And last week, a detailed investigation by the Missouri House painted the former Navy SEAL as being sexually and physically abusive in the affair".
Greitens lawyers have denied any criminal wrongdoing. And he's made it clear for months that he's not going to resign.
His attorneys said investigators withheld evidence by not delivering additional notes and video taken during the woman's interview.
The felony charge of invasion of privacy centers on the existence of the photo, not any blackmail threat.
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His trial involved testimony from witnesses who said that he or his soldiers killed civilians, raped women and engaged in cannibalism.
Prosecutors do not have the photo in their possession. Each time, defense attorneys said, the missing evidence was helpful to their case because it called the woman's credibility into question.
Greitens' attorneys said in court last week that a videotaped deposition of the woman was withheld until after the legislative committee's report was released.
The judge agreed that the prosecution's conduct "is not to be condoned and it is serious".
The judge will allow the alleged victim to be deposed again.
Republican Attorney General Josh Hawley suggested the St. Louis prosecutor could bring another felony charge against Greitens for allegedly taking the donor list from a veterans' charity he founded and using it to raise money for his gubernatorial campaign. They have repeatedly complained that prosecutors have failed to turn over evidence that they say is favorable to Greitens, and that could cast doubt on the veracity of the woman with whom he had an affair.
Hawley told reporters at a news conference that his office had found evidence that the governor obtained an electronic donor list from the charity The Mission Continues without permission and used the internal list for "political fundraising".
After recapping the motions and responses that had been filed in the case since April 4, Burlison said that Circuit Attorney Kim Gardner had a "duty to be impartial" and ensure that all defendants be accorded "procedural justice". It will be up to the St. Louis circuit attorney to decide whether to file a charge since the charity, The Mission Continues, is based in St. Louis.