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St. Louis prosecutor shares more than 60 pages of evidence with Gov. Greitens’ defense lawyers

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ST. LOUIS, Mo. — The St. Louis prosecutor who launched an investigation into Missouri Gov. Eric Greitens has now turned over more than 60 pages of evidence to Greitens’ defense lawyers.

Greitens was indicted Thursday on a felony invasion of privacy charge for allegedly taking a partially nude photo of a woman with whom he had an affair without her consent and transmitting it to a computer.

According to the discovery, the office of St. Louis Circuit Attorney Kimberly Gardner has copies of emails between the Republican governor, identified in indictment documents as E.G. and the woman, identified as K.S. The woman’s ex-husband is identified as P.S.

The discovery list includes:

  • Request for discovery
  • Transcripts of taped recordings of P.S. and K.S.
  • Email questions and answers for KMOV interview of P.S.
  • Email of K.S. to P.S. dated March 24, 2015
  • Email of K.S. to P.S. dated March 26, 2015
  • Email of K.S. to P.S. dated July 8, 2015
  • E.G.’s statement to the public
  • Taped statements of K.S.
  • Picture of admin contact of E.G.
  • Picture of K.S.
  • Picture of email from E.G. to K.S. dated Aug. 25, 2015
  • Picture of email of K.S. to E.G. dated Oct. 20, 2015
  • E.G.’s Facebook post

What information is included in these pieces of evidence was not released.

Initially, it was not clear if the photo cited in the evidence listing is the one allegedly taken by Greitens. But Greitens’ attorney Ed Dowd issued a statement Tuesday afternoon saying that was not the case.

“The photo the prosecution references is a publicly posted professional headshot,” Dowd said. “Given the public circumstances, this was exceptionally misleading.”

Attorneys for Greitens are questioning why Gardner hired a private out-of-state company to perform the investigation that led to his indictment, rather than relying on St. Louis police.

The St. Louis Post-Dispatch reports that a spokesperson for Gardner’s office said this isn’t uncommon; they have used outside firms in numerous cases over 15 years.

Greitens’ attorneys in a court filing Tuesday cited documents showing that Enterra LLC of Rochester Hills, Michigan, conducted the investigation connected to the Republican governor’s affair with a woman in 2015, before he was elected.

Dowd said he obtained the circuit attorney’s contract with Enterra through an open-records request. That document, which Dowd filed as a court exhibit, shows Enterra was to be paid a $10,000 retainer, with its employees paid at a rate of $250 an hour plus reimbursement for “reasonable expenses.”

The court filing from Greitens’ attorneys said the private firm is being paid at a rate eight times more per hour than city police earn, and questioned if the use of the outside firm instead of police will impact the admissibility of the evidence.

The agreement states that the investigative company would report directly to Gardner “either orally, or if requested, in written form.”

A spokesperson for Gardner’s office told the St. Louis Post-Dispatch that prosecutors first went to St. Louis police to handle the investigation. Police said no and referred them to the U.S. Attorney’s Office and the FBI. Those federal agencies also declined, the spokesperson said.

Greitens has admitted to the affair but denied criminal wrongdoing.

Dowd, in court filings and in the interview, reiterated his belief that Missouri’s invasion of privacy statute does not apply to encounters involving consenting adults, even if the woman didn’t know she was being photographed.

The woman allegedly told her ex-husband in a conversation he secretly recorded that she was partially nude and blindfolded while in the basement of Greitens’ home when he took the picture, threatening to use it as blackmail if she ever spoke of the affair.

Several Missouri lawmakers have called for the Republican governor to resign. The Missouri House has also formed a seven-member committee to investigate the allegations. That committee will determine whether to recommend impeachment proceedings to try to remove Greitens from office.

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