Greitens’ prosecutor: ‘They don’t know what evidence I have’

ST. LOUIS - A judge in the criminal case against Missouri Governor Eric Greitens said he won’t move up the trial from its scheduled May date. His decision didn’t come without fireworks in court over evidence.

One of the key arguments from the Greitens defense team in moving up the trial date is that the state has no evidence. Defense attorney Jack Garvey brought up their deposition Monday of the state’s chief investigator. Under oath, that investigator reported he was unaware of any witness who has seen a photo and he’s unaware of any investigator who has taken steps to investigate whether a photo was transmitted.

Greitens faces a felony invasion of privacy charge for allegedly taking a nude picture of a woman during an affair. Greitens admitted to an affair in an exclusive interview but said there was no blackmail.

“They don’t know what evidence I have," St. Louis Circuit Attorney Kim Gardner told the judge. "They know what I’ve turned over.”

Outside the courthouse, defense attorney Ed Dowd laughed when asked his thoughts about Gardner's remarks.

“Well, we’re supposed to (know). They’re supposed to have provided us everything they have and they have not provided us much and their investigator yesterday said, as you basically heard in court, we’ve gotten everything and there’s not much out there,” Dowd said.

A circuit attorney spokesperson clarified after court that the prosecution has turned over everything it has in its possession. She explained there may not be a picture in evidence now, but it doesn’t mean prosecutors don’t know where it is.

Expect more drama Monday when the judge will consider other arguments, such as Greitens' request for a bench trial.