Judge Considers Motion To Dismiss Greitens' Case, Rejects Request For Judge Trial
The case against Missouri Governor Eric Greitens remained open Monday morning after a hearing in Judge Rex Burlison's courtroom. The judge heard arguments from Greitens' defense team, who filed a motion to dismiss the case last week, citing a lack of evidence, victim, and other practices by the prosecution.
St. Louis Circuit Attorney Kim Gardner filed a felony invasion of privacy charge against Greitens in February after a grand jury indicted him.
At the Monday morning hearing, the judge denied Greitens' earlier request for a bench trial.
Judge Burlison will also consider a motion filed late Friday by St. Louis Circuit Attorney Kim Gardner, asking for Greitens' lawyers who are with the Dowd and Bennett Law Firm be dismissed from the case. Gardner argues that since Dowd and Bennett represented the State of Missouri and the governor in a lawsuit over a messaging app that deleted messages.
Greitens' defense team says the case should be dismissed because it claims that the prosecution gave the grand jury incorrect instructions about the case, specifically information regarding transmitting a photo.
Greitens' lawyers have also filed a motion to dismiss a private attorney hired by Gardner to assist with the case, saying that it is illegal in Missouri to hire a private lawyer in prosecutions. The Missouri Supreme Court has ruled that private attorneys should not be allowed to prosecute cases or assist with prosecutions.
The judge will also consider a motion requesting to not be required to testify in a deposition from the ex-husband of the woman at the center of the case, who had an affair with Greitens before he ran for Governor. In January, he gave an interview to a St. Louis TV station and gave them an audio recording of her confessing the affair to him. In the recording, a woman is heard saying that Greitens took a photo of her in a compromising position and threatened to use it against her if she talked about the affair.
The woman has not filed any police report in the matter and has refused to give any comment on the affair after repeated requests from local and national media. She testified before the grand jury that she never saw Greitens with a camera or a cell phone during the time the allegation refers to, only that she heard what sounded like an iPhone camera.
A jury trial is scheduled to start Monday, May 14th, with jury selection beginning May 10.