Judge In Saint Louis Refuses To Dismiss Greitens Case

ST. LOUIS, MO — A judge refused to dismiss the indictment against Missouri Gov. Eric Greitens for invasion of privacy Thursday morning. The governor's legal team had argued that prosecutors' private investigator, William Tisaby, has bungled the investigation and lied to the court, misleading the judge about notes taken during an interview with Greitens' alleged victim and withholding other evidence from the defense.

Judge Rex Burlison did, however, say defense lawyers could conduct new depositions of key witnesses. Prosecutors may also be fined for the misconduct, which he called "troubling."

Burlison did not rule out dismissing the case if more problems arise in the future, but said for now, the misconduct could be remedied without doing so.

"We are saddled with the egregious mistake of relying on [Tisaby]," said prosecutor Robert Dierker, comparing the investigator to the fictional Inspector Clouseau, an inept French detective played by Peter Sellers in the film "The Pink Panther."

The governor has been charged with taking a non-consensual, partially-naked photo of his former hair dresser, with whom he was having an affair. According to her, he threatened to release the photo if she went public with details of their relationship.

The governor admitted the affair in January, calling it a "deeply personal mistake" in a joint statement with his wife. He has denied doing anything illegal, instead blaming a "reckless liberal prosecutor" for the case against him.

But, the woman's testimony to House lawmakers released last week, calls into question whether their relationship was consensual. She describes numerous times feeling uncomfortable during their encounter, saying that she didn't want to have sex with Greitens or even kiss him.

Prosecutors said earlier this month they do not have the compromising photo allegedly taken by Greitens. But, they told a judge, they plan to get it. The prosecution seems to have been rushed to beat the state's statute of limitations on invasion of privacy, and prosecutors have said their investigation is not complete. They had originally asked for a November court date before a judge scheduled it for May. It's not clear how much of the case against Greitens rests on prosecutors obtaining the photo.

Yesterday, Greitens also filed a restraining order against fellow Republican Josh Hawley, Missouri's Attorney General. Hawley announced Tuesday that he had uncovered evidence of another crime in Greitens' use of a charity donor list to raise money for his gubernatorial campaign, saying he will hand the evidence over to prosecutors and lawmakers.

Dozens of Missouri lawmakers, Democrat and Republican alike, have called on the governor to resign. Greitens wrote on Twitter Tuesday that he has no intention of doing so.

I will not be resigning the Governor's office. In three weeks, this matter will go to a court of law—where it belongs and where the facts will prove my innocence. Until then, I will do what the people of Missouri sent me here to do: to serve them and work hard on their behalf.
— Eric Greitens (@EricGreitens) April 18, 2018

Photo: Gov. Eric Greitens and his wife Sheena in 2011. (Larry Busacca/Getty Images for GQ)

This story is developing. Check back for updates.