ST. LOUIS - St. Louis Circuit Attorney Kim Gardner and her First Assistant Robert Steele gave passionate pleas Thursday, nearly shouting in the courtroom at times.
Prosecutor Steel told Judge Rex Burlison that the invasion of privacy case against Governor Eric Greitens should not be dismissed, saying, “He is guilty!”
In defense of failing to turn over evidence timely, Steel said, “There’s not one ounce of evidence that there’s anything exculpatory to Greitens.”
Steele continued, “Nothing in the notes disproves anything in our case. Nothing!”
Judge Rex Burlison seemed incredulous.
“You seem to be arguing the State decides what is or is not exculpatory,” he said.
Kim Gardner stood up, saying, “Why would I not turn it over? (The video) didn’t work. I did not commit a crime.”
Former Judge Robert Dierker, now the circuit attorney’s chief trial assistant, told the judge it would be too drastic to dismiss the case saying, “(Kim Gardner) did her duty and kept after it.”
Judge Rex Burlison questioned, “If Monday afternoon (Kim Gardner) determined it operable and we were here, why not hand it over then?”
Dierker answered, “I confess. I cannot answer that.”
The defense said evidence that would’ve helped Governor Eric Greitens was withheld until one hour after the release of the House investigative report.
Fox 2/KPLR11 also attended a second hearing about the possible money trail behind the affair story. The Judge ruled the former mistress’s ex-husband can answer what he knows about possible payments and the source of any payments. His attorney Al Watkins had instructed him not to answer during two previous deposition days. He will have to answer at a third day of deposition, yet to be scheduled.