ST. LOUIS (KMOV.com) -- The judge overseeing Governor Greitens' invasion of privacy case will rule later this week on a motion to dismiss filed by the defense.
The Greitens' defense team asked the judge last week to dismiss the case, accusing the prosecutor and her hired investigator, William Tisaby, of withholding information.
Judge Rex Burlison said in a brief hearing Monday morning that he'll rule Thursday on the motion to dismiss the case. Burlison gave both sides until Wednesday afternoon to provide any filings relative to the motion.
A videotape previously indicated by the prosecutor’s office to have malfunctioned has been found and turned over to the defense.
The Greitens' defense team has again asked the judge to dismiss the case, accusing the prosecutor and her hired investigator, William Tisaby, of criminal perjury.
“I have never in my practice accused a prosecutor of incompetence or misconduct,” defense attorney Scott Rosenblum said.
The defense also told the judge that the tape speaks to KS’s credibility.
“We believe as much as anybody that victims need to be protected but this woman was not a victim,” said defense attorney Jim Martin.
Circuit Attorney Kim Garnder spoke little Thursday, except to address the judge’s questions, indicating she had an operable videotape on Monday. She did not turn over the tape until Wednesday night.
The defense conducted a deposition of the ex-husband in the case on Monday and again on Wednesday.
At approximately 10:00 a.m. Thursday, the judge took a recess to hear further arguments in chambers. He then took the issue under advisement and said there will be a decision made at a later time.
Greitens later released the following statement:
We told you yesterday afternoon that the House report would be incomplete. It was.
We told people that they needed to see all the evidence. And now, we have proof that Circuit Attorney Kim Gardner and her team hid evidence from the people of Missouri and from the Missouri House of Representatives—evidence that undermined the narrative pushed in the House report. Kim Gardner hid a video that she knew directly contradicted allegations in the House report, and she allowed her lead investigator to lie about it, under oath.Just last night—as false stories were being pushed to press—the prosecutor turned over a videotape of her interview with the woman. This was evidence that the prosecutor was legally required to turn over months ago. She purposefully kept it hidden until one hour after the false report was released.The House report contained explosive, hurtful allegations of coercion, violence, and assault. They are false. Those allegations can be refuted with facts. Despite the Circuit Attorney's attempts to keep it from the people of Missouri, we have video evidence that contains some of those facts.In the video, the woman talks for almost two hours, and never once mentions any coercion. In the House report, there is a false allegation that I slapped the woman. That allegation had been made once before, and it was disproven. The story changed, so I will say again: it did not happen. On this new video, she says that when this story broke in the media, she asked her two friends if they ever remembered her talking about a slap, and they both said “No.” The witness claimed to the House that she was coerced into sexual activity on the morning of March 21st. This is inconsistent with her statements in the video interview with the Circuit Attorney.The report that was put out last night did not contain this evidence, and the allegations in that report will refuted by facts, including this video, depositions, discovery, and other evidence that will be subjected to the rigors of a courtroom analysis. In 32 days, a court of law and a jury of my peers will let every person in Missouri know the truth and prove my innocence.
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