Judge reviewing if some evidence in Gov. Greitens case is privileged

ST. LOUIS, MO — There is still no sign prosecutors have "the photo" they allege Missouri Governor Eric Greitens took during his affair. That photo would be key to proving he invaded the privacy of the woman in question, something Greitens denies.

Friday was the deadline for prosecutors to turn over all evidence in this case. The judge will spend this weekend reviewing it to see what the defense will be allowed to see.

The Circuit Attorney's Office says some of the Eric Greitens investigative file is privileged and should be protected.  This includes communications with a Michigan based private investigation firm it's paying called Enterra. The firm's CEO Don Ttisaby will answer questions in a recorded deposition Monday morning.

Tisaby is now being called into question because of 20-year-old bigamy allegations when he was with the FBI. The office of professional responsibility reportedly determined he remarried before his divorce was final and then lied about it, under oath.
Tisaby did not respond to requests for comment.

The prosecution responded saying, "Enterra came highly recommended by a number of current and retired FBI agents around the country. The Circuit Attorney has been satisfied with the work they have performed to date."

Greitens' defense team is concerned it won't get traditional written reports that defense attorneys would receive in a police investigation. The team has questioned the amount taxpayers are spending on private investigators, including at least $10,000 that has already been paid to Enterra.

The judge is also considering cameras in the courtroom, something prosecutors oppose. A lawyer for Governor Eric Greitens said he's yet to ask the governor what he wants.