Judge allows Confide case to move forward

Judge Jon Beetem said the Confide lawsuit against Governor Eric Greitens and his administration could move forward. (Caileigh Peterson/KRCG)

Judge Jon Beetem said he would allow the Confide lawsuit against former Governor Eric Greitens and his office to move forward.

Beetem said the lawsuit could proceed because the public records in question could exist in other forms. Confide, which The app deletes messages after the recipient has read them, was the phone app used by Greitens and his office.

Mark Pedroli, the lawyer representing the plaintiff, Ben Sansone, said if the governor and his administration used the app to conduct public work it would be a violation of open record laws and sunshine laws.

According to lawyers representing The Office of the Governor and the Custodian of Records, 20 members of the governor's office used the app.

Beetem placed an order of protection on discovery meaning Pedroli can go to Confide to see if the records exits. Beetem denied Pedroli's request to search the personal phones of those who used the app until there is proof the records existed.

Barbara Smith, one of the lawyers representing the governor's office and the Custodian of Records said she would want an expert to test whether the messages would exist on phones before personal phones were searched.

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