Politics & Government

Prosecutors Still Don't Have Alleged Photo: Greitens' Lawyer

Prosecutors will likely have a difficult trial ahead of them, with the case hinging on testimony from the governor's accuser.

ST. LOUIS, MO — With Missouri Gov. Eric Greitens' trial for invasion of privacy set to begin Monday, they governor's attorneys announced today that no photo of Greitens' accuser was found on his phone during a forensic examination requested by the prosecution.

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.

Jury selection continued Friday with the Associated Press reporting that critics of the governor are being weeded out of the jury pool by the defense team. Greitens had previously asked for a bench trial before a judge instead of a jury, citing the case's high publicity and the difficulty of finding unbiased jurors. Judge Rex Burlison denied that request, just as he has denied repeated pleas to dismiss the charges against the governor.

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Burlison ruled yesterday that Greitens' accuser would be allowed to testify in court next week, despite defense attorneys arguing her testimony would not be credible because she had been tainted by the actions of private investigator whom even prosecutors have compared to the fictional Inspector Clouseau.

Missouri lawmakers, however, deemed the woman largely credible when she testified before a special investigatory committee earlier this year.

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The judge also said he would allow the woman's name to be used at trial. Prosecutors wanted to call her "the victim" in order to protect her privacy, but defense attorneys said that term is prejudicial.

Greitens has pleaded not guilty and — though he admitted to having an affair with his accuser — he has denied any wrongdoing. Since it appears prosecutors do not have the illicit photo the governor allegedly took, their case will likely hinge on the woman's testimony. Prosecutors had initially requested an additional six months to conclude their investigation, which was rushed to beat Missouri's statute of limitations on invasion of privacy.

Burlison denied that request.

Meanwhile, 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.

Both Democratic and Republican lawmakers have called on the governor to resign and the General Assembly has scheduled a special session to begin May 18 to consider the governor's impeachment.

The Associated Press contributed to this reporting.

Photo by Craig Barritt/Getty Images

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