Greitens trial: no bench trial, jury selection Thursday, key testimony allowed

4 months 2 weeks 22 hours ago Monday, May 07 2018 May 7, 2018 Monday, May 07, 2018 12:06:00 PM CDT May 07, 2018 in News
By: The Associated Press

ST. LOUIS (AP) — The Latest on the investigation of Missouri Gov. Eric Greitens (all times local):

2:45 P.M.

A St. Louis judge has rejected three expert witnesses prosecutors wanted to put on the stand in the felony invasion of privacy trial of Missouri Gov. Eric Greitens.

The Republican is accused of taking an unauthorized and compromising photo of a woman during an extramarital affair in 2015, before he was elected.

Prosecutors had planned to call two electrical engineers to discuss the distinctive sound an iPhone makes when taking a picture, and technical issues about what constitutes transmitting a photo under Missouri's invasion of privacy law.

Burlison ruled neither was necessary. He also excluded a law professor who would have testified about revenge pornography.

Greitens' trial begins next week. He also faces another felony charge in St. Louis and potential impeachment proceedings in Jefferson City.

1:45 p.m.

A St. Louis judge plans to begin jury selection on Thursday as planned in Missouri Gov. Eric Greitens' felony invasion of privacy trial.

Greitens' attorneys argue that pretrial publicity makes it impossible for him to get a fair trial by jury and asked Circuit Judge Rex Burlison to hold a bench trial. Burlison had previously ruled against a request for a bench trial in the case.

Burlison said Monday that he will begin jury selection and reconsider if it becomes apparent that an impartial jury cannot be seated.

The Republican governor is accused of taking an unauthorized photo of a woman while she was partially nude during a sexual encounter in 2015, before he was elected.

Greitens also faces another felony charge in St. Louis and potential impeachment proceedings in Jefferson City.

___

1 p.m.

Prosecutors in the felony invasion of privacy case against Missouri Gov. Eric Greitens do not have the photo that's central to the case as they prepare for a trial set to start May 14.

The married Republican governor is accused of taking an unauthorized photo of a woman while she was partially nude during a sexual encounter in 2015, before he was elected.

Circuit Judge Rex Burlison on Monday asked prosecutors if they had acquired the photo. Chief Trial Assistant Robert Dierker said they had not, and that the case rests on circumstantial evidence.

Greitens has admitted to the affair but denied criminal wrongdoing. He has not directly answered questions about whether he took the photo.

The alleged incident came to light when the woman's ex-husband in January released an audio recording of her discussing it.

____

12:45 p.m.

A St. Louis judge has ruled that the woman involved in an extramarital affair with Missouri Gov. Eric Greitens will be allowed to testify at his felony invasion of privacy trial next week.

Circuit Judge Rex Burlison on Monday rejected claims from Greitens' attorneys that the woman's testimony was tainted because of missteps by the prosecution's investigator, William Tisaby. They've accused Tisaby of lies and withholding evidence.

The married Republican governor is accused of taking an unauthorized photo of the woman while she was partially nude during a sexual encounter in 2015, before he was elected.

Her testimony is crucial because prosecutors haven't obtained the photo she says Greitens took. The alleged incident came to light when the woman's ex-husband in January released an audio recording of her discussing it.

___

11:45 a.m.

Lawyers for Missouri Gov. Eric Greitens are fighting a move by prosecutors to examine his personal email account and to turn over his cellphone for examination as part of his felony invasion of privacy case.

Media reports say Greitens' attorneys have moved to quash a search warrant for Greitens' Gmail account sought by an investigator in the St. Louis prosecutor's office.

The married Republican governor is accused of taking an unauthorized photo of a woman during a sexual encounter in 2015, before he was elected.

Circuit Judge Rex Burlison is hearing motions in the case Monday and will preside over a trial set to begin May 14. Greitens is charged with felony invasion of privacy. Authorities have not released the woman's name.

The Kansas City Star reports that Greitens' lawyers say forcing him to turn over his phone would violate his right against self-incrimination.

_____

12:15 a.m.

A judge on Monday will consider whether the pivotal witness in Missouri Gov. Eric Greitens' criminal trial — a woman involved in an affair with him — should be prohibited from testifying.

Circuit Judge Rex Burlison will preside over the hearing, just a week before Greitens stands trial for felony invasion of privacy.

The married Republican governor is accused of taking an unauthorized photo of the woman during a sexual encounter in 2015, before he was elected. Later this month, lawmakers convene in special session to consider impeachment.

Defense attorneys contend the woman's testimony has been tainted by the misdeeds of William Tisaby, a private investigator who interviewed her. They've accused Tisaby of lies and withholding evidence.

Her testimony is crucial since prosecutors haven't obtained the photo Greitens allegedly took.

This item has been corrected to reflect that lawmakers plan a special session later this month, not this week.

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