Missouri governor’s case will proceed, but judge scolds prosecutor

ST. LOUIS — A felony invasion-of-privacy case against Missouri Gov. Eric Greitens will go on despite his attorneys’ attempt to have it thrown out, a St. Louis judge ruled Thursday.

Judge Rex Burlison said in court that St. Louis Circuit Attorney Kim Gardner had committed “sanctionable” rules violations by failing to turn over some required evidence. He said he found it “troubling” that prosecutors had called Greitens’ attorneys’ motion to dismiss “frivolous.”

“These rules are not mere rules of etiquette,” Burlison said.

Although he didn’t throw out the case, Burlison will allow Greitens’ attorneys to retake some depositions with limited questions and will consider monetary sanctions at the end of the case. He told attorneys he expected them to follow correct procedures of sharing information.

“I’m not going to enter an order saying, ‘Everyone play by the rules.’ I’m going to assume everyone plays by the rules,” Burlison said.

Greitens, who is facing growing pressure to resign, was indicted in February after allegations arose that he took a photo of a semi-nude woman and threatened to release it to silence her about their 2015 affair. Greitens has admitted to the affair but has denied allegations of blackmail and says their relationship was “entirely consensual.”

Greitens’ attorneys wanted to have the case thrown out because prosecutors withheld a videotaped interview of the woman and interview notes, taken by private investigator William Tisaby, who was hired by Gardner’s office. Without the tape, defense attorneys say they were unable to rebut claims the woman made in her deposition or those included in a special House committee report released last week.