ST. LOUIS – St. Louis Circuit Attorney Kim Gardner watched as the case against former Governor Eric Greitens unraveled in a March 2018 deposition. Video of the deposition was obtained by the Washington DC-based website Just the News.

The video shows William Don Tisaby as he’s questioned by Greitens’ defense team. Gardner sits next to him.

After Tisaby swears in, you can hear Greitens’ defense lawyer Jim Martin ask if Tisaby turned over all of the evidence.

Tisaby says he turned over all evidence to Gardner’s office.

Martin says the defense didn’t have everything, including Tisaby’s handwritten notes when he interviewed Greitens’ former mistress.

Martin asked Kim Gardner, “Ms. Gardner do you know why we don’t have the notes?”

“I don’t have them,” Gardner said.

“Did you seek the notes?” Martin said.

Gardner responded: “I sought, sought all notes and he put them in his report so that’s all the notes I have.”

Tisaby added: “And I put them in the report.”

“Okay, but you weren’t asked just for a report; you were also asked for your notes,” Martin said.

Tisaby said his notes were his report. He later agreed to try to find his handwritten notes.

The defense didn’t yet have the video of Tisaby’s interview with Greitens’ former mistress.

You’ll recall the circuit attorney indicted Missouri’s former governor on felony invasion of privacy. The case hinged on an allegation from the former mistress’ estranged husband. Fox 2 declined to break the story in January 2018 because the woman asked for privacy. Later, the circuit attorney’s office met with the woman in an Illinois hotel room.

Martin: “You never recorded any witness that you interviewed?”

Tisaby: “No.”

Martin: “Never?”

Tisaby: “Never.”

Martin: “Not in this case at all?”

Tisaby: “Not in this case at all.”

Kim Gardner, sitting just off-camera, did not speak up and correct him, even though she was reportedly with Tisaby when they conducted the interview in question.

When Martin pressed, Tisaby later said he had attempted recording.

“The equipment malfunctioned sir. It malfunctioned. We turned it on and it didn’t work,” Tisaby said. “Her attorney can tell you, sir, it didn’t work.”

Martin: “When did you test the equipment to see it was not working?”

Tisaby: “Right before we started and then turned it on and, and it didn’t record sir.”

Martin: “Do you know where this recording equipment is now?”

Tisaby: “It’s in Ms. Gardner’s possession. I turned it over to her.”

Martin: “We’re going to ask the court to have that produced.”

Twenty-three days after this deposition, the defense learned there was a video recording of Tisaby talking to Greitens’ former mistress.

“There was no chicanery or deception on his part,” Jermaine Wooten, Tisaby’s attorney, said. “Greitens’ defense learned there was a recording because Tisaby eventually told them about it.”

Fox 2 asked why Tisaby didn’t say it from the start.

“There was confusion on Tisaby’s part over whether they ever really recorded anything,” Wooten said.

Tisaby faces trial March 30.