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Judge in Greitens case says he’ll rule on dismissal request this week

ST. LOUIS – Significant developments in court Monday morning regarding the invasion of privacy case against Governor Eric Greitens. Judge Rex Burlison says he will decide on whether to dismiss the case on Thursday.

The defense team for Governor Greitens has been asking the judge to throw out the case for some time for several reasons. On Monday, they renewed their request again after pointing out what they believe are more problems with the prosecution`s case including how they have allegedly handled evidence.

Monday’s hearing at the Carnahan Courthouse lasted about an hour. Greitens’ attorneys did not say anything as they left the courthouse, noting the judge’s gag order in the case.

Judge Burlison ordered everything regarding the motion to dismiss to be filed by Wednesday at noon. Then he will rule on that critical issue Thursday morning in open court.

Greitens lawyers again criticized the prosecution for not turning over all evidence to them. Specifically, one of Greitens’ attorneys, Jim Martin, told the court that information was again missing from Don Tisaby, the outside investigator hired by St. Louis Circuit Attorney Kim Gardner.

This time Martin says the prosecution didn’t turn over 10 pages of notes from Tisaby that he took from an interview he did with a friend of the alleged victim in the case.

Martin said when the defense finally got the notes just yesterday, a key sentence was missing which they contend says that the victim thought that Governor Greitens cared about her.

The defense says that is a far cry from the picture being painted by the prosecution of the victim feeling that parts of the encounter in question were nonconsensual.

The defense also accused Gardner of lying by not speaking out on the actions of Tisaby that the defense believes were dishonest during their deposition of Tisaby.

The defense called the actions of Tisaby and Circuit Attorney Gardner “awful.”

Meanwhile, the circuit attorney’s office concedes that the issues raised by the defense create a 'terrible appearance' but say they are not trying to hide anything.

The defense also wants to do its own forensic examination of the alleged victim’s cell phone to search for potentially important text messages.

The prosecution told the court that they don’t have the phone but they believe her attorney does have the device.

It appears that defense examination of the phone will happen.