Special Prosecutor Appointed In Greitens Case, May Refile Charges

ST. LOUIS, MO — A judge in St. Louis has appointed a special prosecutor to consider refiling invasion of privacy charges against Missouri Gov. Eric Greitens.

Greitens was indicted in February after his former hair dresser accused him of taking a non-consensual, partially-naked photo and using it to blackmail her. But those charges were unexpectedly dropped just as the trial was scheduled to begin last week.

Greitens has pleaded not guilty and — though he admitted to having an affair with his accuser — he has denied any criminal wrongdoing.

The charges against Greitens were dropped shortly after Judge Rex Burlison ruled that St. Louis Circuit Attorney Kim Gardner, the prosecutor trying the case, could be called on to testify about alleged misconduct by a private investigator hired to look into the case. Gardner said it would be improper to be both a witness and prosecutor in the same trial.

Prosecutors admitted to several missteps as they rushed to beat Missouri's statute of limitations on invasion of privacy. But, the new ruling will allow a special prosecutor to investigate not only invasion of privacy but "other incidents involving the same victim" that occurred between March and September 2015.

In addition to invasion of privacy, Greitens' accuser said the governor sexually assaulted her, using violence and coercing her into sex acts while she was crying. Lawmakers found her testimony credible, according to a House report released in April, and the woman stands by her allegations.

"I didn't want this. I wasn't out to get anyone," she told KDSK Channel 5 in an interview Monday night, but added that the only ethical thing she could do was tell the truth. "“Looking back, it's so hard. I see myself as so vulnerable."

Burlison named Jackson County prosecutor Jean Peters Baker as the special prosecutor in the case. Gardner praised Baker, calling her "an experienced prosecutor who is widely credited with being unafraid of tackling difficult cases."

If the charges are refiled, the case will be tried in St. Louis, not Jackson County.

Greitens has also been accused of lying about campaign filings and violating campaign finance law related to his use of a charity donor list to raise money for his run for governor. He was indicted on those charges in April, but no trial date has been set. It's not clear who would try that case or where.

Both Democratic and Republican lawmakers have called on the governor to resign and the General Assembly will meet Tuesday morning in special session to consider the governor's impeachment. It's not clear whether the charges being dismissed will impact those discussions. Many lawmakers have maintained their investigation is a separate matter from the criminal proceedings, but others had been awaiting the results of the trial to plant their political flags.

The Associated Press contributed to this reporting.

Image: Greitens' mugshot via St. Louis Metropolitan Police Department