Jury will decide case against Greitens, judge rules

ST. LOUIS - A series of courtroom defeats for Missouri Governor Eric Greitens on Monday, as a judge denied the governor's defense team's motion to throw out the case, as well as a request for a bench trial.

Several issues in the Governor Greitens invasion of privacy case came before Judge Rex Burlison Monday morning, including a motion about whether the case would be heard by a jury or only in front of only a judge.

The defense argued that the case should be heard only before a judge--also known as a bench trial--and not before a jury.

Greitens' attorneys argued for the bench trial because of the extensive amount of pre-trial publicity and the amount of detailed legal ease in the case arguments. Prosecutors, however, argued that there should be public participation in the trial and there should be a jury.

Judge Burlison agreed with the prosecution and denied the defense motion asking for a bench trial and not a jury trial.

Instead, Burlison said he believes a jury can work in this case.

Greitens' defense team also argued that the indictment should be thrown out because the prosecutors misinstructed the grand jury on the law regarding what was done with the alleged photo taken by the governor of his mistress.

The prosecution said it presented its case by the book.

Burlison said he would rule on that shortly.

Attorneys on both sides also argued about when the defense can take depositions from the alleged victim in this case and her former husband.

After some debate, Burlison ruled that Greitens' attorneys can depose the alleged victim either this Friday or on April 6 or April 7. On one additional issue, the judge also heard defense arguments trying to disqualify Harvard professor Ronald Sullivan as a special assistant prosecutor brought in on the case by St. Louis Circuit Attorney Kim Gardner.

The defense called Sullivan an 'outsider' and said his appointment was 'illegal.' The judge did not rule on that issue.