ST. LOUIS – More bombshells Thursday in the invasion of privacy case against Missouri Governor Eric Greitens. The governor’s attorneys accused St. Louis Circuit Attorney Kim Gardner of misconduct and gross incompetence.
The story concerns the defense’s side in Thursday morning’s courtroom wrangling.
Defense lawyers were not talking outside the courthouse, as all sides remain under a gag order, but minutes earlier they unloaded on the circuit attorney inside the courthouse.
The defense said they were told by Gardner’s office for weeks that a two-hour recorded interview with Greitens’ mistress, conducted months ago, was not available because the equipment malfunctioned.
Then Wednesday night, after a Missouri House committee released its report on the governor, the defense handed over the tape, some of it with audio missing. Greitens’ attorneys claim it shows major flaws in the mistress’ story.
They argued the tape indicates that she said she was aroused when Greitens tied her hands, even though she said some of the interactions with Greitens were non-consensual.
The House report indicated the governor slapped the woman, shoved her, and spanked her. The defense said the newly released prosecution tape shows the woman laughing during the interview when questioned about the slap.
The defense said evidence was hidden from them.
Another complaint notes the defense requested were withheld. They said the hired investigator for the circuit attorney, William Don Tisaby, told the defense he did not take any notes during the mistress’ interview. However, Greitens lawyers said Tisaby can be seen taking notes, some 11 pages. They said Tisaby lied under oath.
The bottom line: the defense asked the judge for permission to hold new depositions with the mistress, her lawyer, and her ex-husband. They also asked for the charges against the governor to be dismissed and that the circuit attorney be punished.
The defense claimed the victim in the case has been telling different stories during different depositions and interviews.
Gov. Greitens released the following statement Thursday afternoon:
We told you yesterday afternoon that the House report would be incomplete. It was.
We told people that they needed to see all the evidence. And now, we have proof that Circuit Attorney Kim Gardner and her team hid evidence from the people of Missouri and from the Missouri House of Representatives—evidence that undermined the narrative pushed in the House report.
Kim Gardner hid a video that she knew directly contradicted allegations in the House report, and she allowed her lead investigator to lie about it, under oath.
Just last night—as false stories were being pushed to press—the prosecutor turned over a videotape of her interview with the woman. This was evidence that the prosecutor was legally required to turn over months ago. She purposefully kept it hidden until one hour after the false report was released.
The House report contained explosive, hurtful allegations of coercion, violence, and assault. They are false. Those allegations can be refuted with facts. Despite the Circuit Attorney's attempts to keep it from the people of Missouri, we have video evidence that contains some of those facts.
In the video, the woman talks for almost two hours, and never once mentions any coercion. In the House report, there is a false allegation that I slapped the woman. That allegation had been made once before, and it was disproven. The story changed, so I will say again: it did not happen. On this new video, she says that when this story broke in the media, she asked her two friends if they ever remembered her talking about a slap, and they both said “No.” The witness claimed to the House that she was coerced into sexual activity on the morning of March 21st. This is inconsistent with her statements in the video interview with the Circuit Attorney.
The report that was put out last night did not contain this evidence, and the allegations in that report will refuted by facts, including this video, depositions, discovery, and other evidence that will be subjected to the rigors of a courtroom analysis. In 32 days, a court of law and a jury of my peers will let every person in Missouri know the truth and prove my innocence.