Judge in governor’s case will decide motion to dismiss Thursday

ST. LOUIS – Judge Rex Burlison said he will make a decision on a motion for sanctions in open court Thursday morning. This came after defense attorney Jim Martin said in court that his team just received yet another piece of evidence he claims prosecutors lied about.

It involves one of the photos defense counselors showed in court last week. Photos showed the St. Louis Circuit Attorney’s paid private investigator taking notes, despite his sworn statements he did not take notes. They were screengrabs from Don Tisaby’s video interview of Eric Greitens’ former mistress. Fox 2 News is protecting her identity in the photos.

Defense lawyers say another screen grab shows the woman laughing when talking about a slap. They claim that’s inconsistent with someone who’s a victim.

Governor Eric Greitens admitted an affair in a Fox 2/KPLR11 interview. He denied committing blackmail.

Now the defense team accuses prosecutors of concealing more evidence that would favor the governor – like a newly disclosed handwritten note from the circuit attorney’s private investigator. He wrote that a friend, “Felt K.S. thought he cared about her.”

The defense added today to its pleading to throw out the case, saying, “Given that the Circuit Attorney appears oblivious to the seriousness of her continued misconduct even after last week’s hearing – including the in-chambers discussion – it is clear only the most severe sanction will get her attention.”

The Circuit Attorney’s office continues to argue that it is, in fact, turning over evidence – with plenty of time for the defense to prepare for trial. It’s arguing that justice will not be served if the focus turns on prosecutors instead of what it calls the governor’s “illegal and reprehensible conduct toward the victim.”