Group must subpoena Confide in suit over Greitens, staff use of app

3 months 3 days 12 hours ago Tuesday, June 19 2018 Jun 19, 2018 Tuesday, June 19, 2018 1:40:00 PM CDT June 19, 2018 in News
By: Johannah Grenaway, KOMU 8 Reporter
loading

JEFFERSON CITY - A Cole County judge says there are a few key legal questions to be answered before he can make a decision on whether former Governor Eric Greitens and his staff violated Missouri law when using a texting app that deletes messages.

The Sunshine Project contends Greitens and his staff, by using the Confide App, destroyed public records. 

Judge Jon Beetam said Tuesday that could be impossible to know if there are no actual records of the deleted messages.

"The violation occurs if there was a record and it was destroyed," he said. 

The Sunshine Project's attorney, Mark Pedroli, wants a forensics expert to examine both state and personal phones from Greitens and 19 other people.

But Beetam said he won't allow that until the app's maker confirms whether it is possible to retrieve the deleted messages.

"I want to decide are there records or are there not records. If someone can find the records, I will look at that. I'm not ordering anything on the phones until I have a handle on that," Beetam said.

Pedroli said he would subpoena Confide, but believes a search of the phones is key. He referenced Robert Mueller's investigation of President Donald Trump's inner circle, saying investigators found more than 700 messages sent using encrypted programs on the phone of Trump's longtime personal lawyer, Michael Cohen.

Another issue is how many names defense attorneys have given Pedroli.

Barbara Smith, one of the attorneys for the governor's office and custodian of records, said it gave Pedroli a list of eight people involved, in the form of a press release.

Pedroli wants more.

"There are 12 additional people that used confide in the office of the governor," he said. "This is important and demonstrates the need for assertive discovery."

Smith said there is no way to tell whether Greitens and his staff were discussing matters of the state, thus creating and then deleted public records.

When Pedroli said it's unclear whether the 20 people used their state phone or personal phones. Smith said the judge's earlier order did not require such information.

Pedroli said, in addition to the subpoena and forensic examinations, the question of what happened can be answered by putting the people involved to testify..

"People have memories, when they testify under oath, they'll tell you," he said.

On another issue, Beetam ruled defense attorneys for the governor's office do not have to respond to any questions about the use of the Confide app prior to former Greitens' inaguration on Jan. 9, 2017.

More News

Grid
List
FESTUS, Mo. (AP) — A man and his adult son were killed when their small plane crashed... More >>
1 hour ago Saturday, September 22 2018 Sep 22, 2018 Saturday, September 22, 2018 8:20:58 AM CDT September 22, 2018 in News
COLUMBIA - The University of Missouri will partner with two local groups to host a Chinese Moon Festival Saturday night... More >>
1 hour ago Saturday, September 22 2018 Sep 22, 2018 Saturday, September 22, 2018 8:02:12 AM CDT September 22, 2018 in News
SPRINGFIELD — President Trump held a campaign-style rally in Springfield Friday. Trump spoke in front of an at-capacity crowd... More >>
11 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 10:15:00 PM CDT September 21, 2018 in News
KANSAS CITY (AP) — A 46-year-old woman who set a fire that resulted in the deaths of two Kansas City... More >>
15 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 6:22:51 PM CDT September 21, 2018 in News
ST. LOUIS (AP) — Emissions near a troubled St. Louis County landfill once posed health concerns for workers and nearby... More >>
16 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 5:02:52 PM CDT September 21, 2018 in News
JOPLIN (AP) — Missouri Southern State University has abandoned plans for a dental school that would've operated in partnership with... More >>
17 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 4:51:59 PM CDT September 21, 2018 in News
ST. LOUIS (AP) — Some St. Louis police officers are still struggling with injuries more than a year after protesters... More >>
17 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 4:44:27 PM CDT September 21, 2018 in News
COLUMBIA - Columbia police said a fifth arrest has been made in connection with an alleged homicide on Sylvan Lane... More >>
18 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 3:50:00 PM CDT September 21, 2018 in News
JEFFERSON CITY - Police arrested a man early Friday after reportedly finding him outside an apartment complex, looking into a... More >>
18 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 3:27:00 PM CDT September 21, 2018 in News
KANSAS CITY - The Missouri Western District Court of Appeals ruled Friday to allow the Clean Missouri Initiative to stay... More >>
19 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 2:53:00 PM CDT September 21, 2018 in News
COLUMBIA – MU is one of only two Southeastern Conference universities to experience double-digit growth in new freshmen, while several... More >>
20 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 1:12:00 PM CDT September 21, 2018 in News
SPRINGFIELD - President Donald Trump is set to campaign at the JQH Arena for U.S. Senate candidate Josh Hawley,... More >>
21 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 12:43:00 PM CDT September 21, 2018 in News
COLUMBIA - The University of Missouri Board of Curators announced a resolution Friday supporting the University of Missouri-Columbia's efforts to... More >>
22 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 11:23:00 AM CDT September 21, 2018 in News
COLUMBIA - 82,000 Americans are still missing as the result of our country's biggest wars. POW/MIA Recognition Day is... More >>
23 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 10:59:00 AM CDT September 21, 2018 in News
COLUMBIA - The Columbia Planned Parenthood clinic will stop abortion services after Oct. 1 following a court ruling allowing the... More >>
23 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 10:20:00 AM CDT September 21, 2018 in News
WASHINGTON (AP) — President Donald Trump challenged the woman accusing his Supreme Court nominee of sexual assault by name Friday,... More >>
1 day ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 9:31:00 AM CDT September 21, 2018 in News
FERGUSON, Mo. (AP) — The daughter of an 84-year-old woman with dementia alleges in a lawsuit that... More >>
1 day ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 8:45:00 AM CDT September 21, 2018 in News
VIENNA - 27 year-old Anthony Macclugage has been charged with endangering the welfare of a child, felony Domestic Assault and... More >>
1 day ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 6:22:00 AM CDT September 21, 2018 in News
Columbia, MO
Broken Clouds 59°
10am 60°
11am 64°
12pm 68°
1pm 70°