Prosecutors Don't Have Greitens' Photo, But Plan To Get It

ST. LOUIS, MO — Prosecutors in St. Louis do not have the compromising photo Gov. Eric Greitens allegedly took of a woman without her permission in 2015, but told a judge Wednesday, "We plan to get that picture."

It is unknown how much of the case against Greitens may rest on obtaining the photo. A grand jury indicted the Missouri governor in February on one count of felony invasion of privacy for taking the non-consensual nude photo and transferring it to a computer.

The Kansas City Star reported Thursday that some of the governor's staffers have been subpoenaed in the probe.

The governor admitted to having an extramarital affair in January after television station KMOV News 4 obtained an audio recording of a woman describing a sexual encounter with Greitens and saying that he tried to blackmail her. The report alleged Greitens blindfolded the woman and bound her with tape, then took a partially nude photo and threatened to release it unless she kept their relationship quiet.

The governor admitted the affair, calling it a "deeply personal mistake" in a joint statement with his wife. He denied trying to blackmail his mistress, though he has not denied taking the photo and the governor's lawyers have argued any photo he took was consensual.

In court Wednesday, the governor's lawyers seemed to shift their defense, arguing the photo may not exist at all.

A judge set the governor's trial date for May 14, which will come at the end of the current legislative session. Prosecutors initially requested an additional six months, pushing for a November trial date, saying the indictment had been rushed to beat the statute of limitations for invasion of privacy, which would have run out in March.

Prosecutors said requests to the St. Louis Metropolitan Police Department to investigate the governor were directed instead to the FBI. The FBI declined the investigation, saying it was beyond the agency's jurisdiction. St. Louis police dispute that they were asked to investigate the governor.

Instead, prosecutors turned to private investigators, paying them at least $10,000, according to documents obtained by the Associated Press.

The governor has blamed a "reckless liberal prosecutor" for the case against him, accusing Louis Circuit Attorney Kim Gardner of using her office to score political points, but Republican lawmakers don't seem to have gotten the message.

At a press conference Monday afternoon, House members announced the formation of an investigatory committee, the first step in a process that could lead to impeachment.

Rep. Jay Barnes, who will chair the committee, said the committee's purpose would be to determine the underlying facts of the indictment and the circumstances surrounding them, and that it would be fair, firm and timely in that undertaking.

Criticism of the governor has been sharply bipartisan.

Following the press conference, a group of a dozen Republican House members released a letter calling on the governor to resign, saying that he can no longer effectively lead the state or the party.

"I cannot see how he could effectively perform the duties of his office, let alone to lead with the kind of moral authority needed to make a positive impact," said Kansas City Republican Sen. Kevin Corlew.

Likewise, Democratic state Sen. Jamilah Nasheed, who represents St. Louis, said Greitens has to go. "Missourians thought they voted for a person of character and integrity, and instead they got a liar and alleged criminal."

Greitens has said he has no plans to resign, and has instead hired a lobbyist to make his case to lawmakers in Jefferson City, according to records from the Missouri Ethics Commission.

The Associated Press contributed to this report.

Photo by Craig Barritt/Entertainment/Getty Images