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Prosecution asks to exclude evidence regarding victim in Greitens case

ST. LOUIS, MO — A new prosecution filing in Missouri Governor Eric Greiten’s invasion of privacy case asks the Judge to be guided by, “the spirit of rape shield.”

FOX 2 reporter Chris Hayes says that the state recently filed a motion to exclude evidence of the victim’s sexual and counseling history the criminal case. Prosecutors say they anticipate the Governor’s defense lawyers will challenge the victim in the trial based on prior depositions.

A portion of the motion states “The very nature of the defendant’s conduct is sexually abusive as a form of involuntary pornography. The case involves conduct of a type that is clearly intended to be covered by the spirit of rape shield.”

The Missouri Supreme Court says a woman who had an extramarital affair with Missouri Gov. Eric Greitens must turn over her cell phone for a forensic investigation.

The Kansas City Star reported Saturday that the high court’s decision follows the woman’s request Friday to block an order requiring her phone to be examined by a court-appointed expert.

The order came in a criminal case in which Greitens is accused of taking a photo of the woman in a compromising position without her consent. The Republican governor is charged with invasion of privacy.

The charge stems from a sexual encounter they had at Greitens’ home in 2015 before he was elected governor. He has denied criminal wrongdoing.

The woman’s attorney had argued that the order is burdensome and invades her privacy.

We’ve obtained a list of questions the prosecutor’s chief investigator refused to answer in the governor’s criminal case. It’s in a motion that includes questions defense lawyers asked the Circuit Attorney’s Chief Investigator William Don Tisaby. He pleaded the Fifth to at least 50 questions.

Here are some examples from the April 25, 2018 deposition of William Don Tisaby:

Scott Rosenblum Q. I wanted to ask you a series of questions about when — about conversations you had with Kim Gardner after your first deposition and with respect to the lies and perjury you committed therein.

William Tisaby A. I am invoking my Fifth Amendment rights under the Constitution of the United States of America. . . .

Q. I wanted to ask you the involvement you had with Kim Gardner, specifically about the lies and perjury that you were committing therein during the course of the deposition and if she directed you in any manner during the course of the deposition on your breaks.

A. I am invoking my Fifth Amendment rights under the Constitution of the United States of America.

Q. As you know, you stated that what you said — what your interview — your interview of K.S. contained a verbatim summary of what she said to you. We now know that’s not true. Why did you lie about that?

A. I am invoking my Fifth Amendment rights under the Constitution of the United States of America.

Q. Now that we’ve discovered all these lies, I have a general question as to — as to why did you, in fact, repeatedly lie throughout the course of your deposition in February of 2018?

A. I am invoking my Fifth Amendment rights under the Constitution of the United States of America.

Q. Can you tell me who specifically told you to lie in this case?

A. I’m invoking my Fifth Amendment rights under the Constitution of the United States of America.

Q. Once it was determined that you committed perjury and that you lied in your previous deposition, did you have discussions with, conspire with the Circuit Attorney or anybody else in her office to cover up the perjury that you had committed therein in that deposition?

A. I am invoking my Fifth Amendment rights under the Constitution of the United States of America.

Q. Tell me how you — tell me if you, in fact, conspired with the Circuit Attorney’s Office or any members thereof to deprive Governor Greitens of his Constitutional rights.

A. I’m invoking my Fifth Amendment rights under the Constitution of the United States of America.

Q. Are you currently in possession or have knowledge of any information whatsoever that exculpates the Governor? Did you want me to repeat that question?

A. I’m invoking my Fifth Amendment rights under the Constitution of the United States of America.

Q. Pursuant to the subpoena which was served on — on — pursuant to the notice that was served on the state along with a request, did you produce any of the items listed 1 through 8 in the — on the attachment to that deposition?

A. I am invoking my Fifth Amendment rights under the Constitution of the United States of America.

The defense motion to prohibit testimony says, “…because Mr. Tisaby will not testify, the prejudice can never be cured.”

The state recently filed a “Motion to Exclude Evidence of Victim’s Sexual and Counseling History.” Prosecutors said they anticipate the governor’s defense lawyers to challenge the victim in trial based on prior depositions.

The motion reads, in part, “The very nature of the defendant’s conduct is sexually abusive as a form of involuntary pornography. The case involves conduct of a type that is clearly intended to be covered by the spirit of rape shield.”