Judge rejects request to dismiss charge against Missouri governor

ST. LOUIS - There was a series of setbacks in St. Louis Circuit Court Monday for Missouri Governor Eric Greitens in his felony invasion of privacy case.

Judge Rex Burlison denied three key defense motions, including the Greitens team’s motion to dismiss and a motion to have a judge decide the case, waiving a trial by jury.

“Court rejects jury waiver,” read the final four words of Burlison’s first order filed Monday morning.

That means a jury, not a judge, will decide Greitens’ guilt or innocence at his May 14 trial.

“I’m great with the trial by jury…I think it will be great,” said Greitens attorney Ed Dowd after the ruling, even though the Greitens team had argued a jury trial may not be fair to Greitens.

The married governor is accused of taking a nude or semi-nude photo of a mistress and transmitting it without her knowledge or consent three years ago, prior to his gubernatorial run.

Judge Burlison also denied a motion from the Greitens team to dismiss the case.

His attorneys have argued the prosecution misled the grand jury about what was needed to issue a felony indictment: not only that the photo was taken but also that it was transmitted.

Greitens’ attorneys contend there is no photo and the prosecution must show evidence of a photo actually being taken.

“That it occurred and presenting any evidence that it occurred,” Dowd said. “There wasn’t any.”

The judge also denied a motion from the Greitens team to disqualify Harvard professor, Ronald Sullivan, as a special prosecutor.

The judge granted the Greitens' team request to depose his former mistress, the alleged victim in this case, as early as Friday.