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Greitens' attorneys again ask that case be dropped

A judge will rule Thursday on whether to throw out an invasion of privacy indictment against Governor Eric Greitens due to misconduct by a member of the prosecution.

In a Saturday court filing, attorneys for Governor Eric Greitens again argued the invasion of privacy indictment against Greitens be dropped due to misconduct on the part of the prosecution.

According to court documents provided by Greitens' public relations firm, actions taken by private investigator William Tisaby violate the due process clause of the constitution, Rule 25 of the Missouri constitution, and the Brady Rule. Rule 25 deals with disclosure and depositions, and the Brady Rule refers to Brady v. Maryland, which makes the suppression of exculpatory evidence by a prosecutor when asked for by the defense a violation of due process.

Greitens' lawyers once again accused Tisaby of providing false testimony regarding his taking of notes during a deposition, falsifying transcripts of a deposition, and of withholding videotaped evidence after the defense specifically asked for all discovery in the case.

In a court hearing Monday, Chief Trial Assistant Robert Dierker admitted that the actions of William Tisaby have "created a terrible appearance" and given the false impression that the prosecutor's office hid evidence. But he says the "egregious mistakes" of the prosecution should not prompt the dismissal of the case.

Greitens is accused of taking a compromising photo of a woman with whom he had an affair without her consent and threatening to blackmail her with the photo.

St. Louis Circuit Judge Rex Burlison will rule Thursday on the motion to dismiss.

To read the motion transcript, see the document below:


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