Lawyers for St. Louis Circuit Attorney investigator want deposition thrown out

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ST. LOUIS – Did high-powered attorneys trick an alleged lying investigator working for the St. Louis Circuit Attorney’s Office? That’s the question facing a St. Louis judge in the wake of last year’s Missouri governor sex scandal.

It involves the deposition of the man hired by St. Louis Circuit Attorney Kim Gardner to investigate former Governor Eric Greitens.

William Don Tisaby faces six felony perjury counts in connection with his interview of the former governor’s mistress.

Greitens’ defense team deposed Tisaby about his investigation in March 2018. The criminal charge of invasion of privacy was dropped two months later.

Then authorities began looking at the circuit attorney’s office and its handling of the case.

Special prosecutor Jerry Carmody showed Tisaby’s deposition to a grand jury, which then indicted Tisaby for lying.

Tisaby’s defense attorney, Jermaine Wooten, said the deposition should be thrown out because his client was deprived of the basic right to review it.

“He would have absolutely clarified things. We went through the deposition thoroughly with Mr. Tisaby and there were a lot of clarifications that he wanted to make…,” Wooten said. “If we had sat down with him with the errata sheet, he would have made those changes.”

Carmody countered in court that Tisaby had the chance to review it when it was sent within 48 hours to Gardner.

Carmody added that phone records even show Gardner and Tisaby talked a day after the deposition when they knew they were being challenged about alleged lies. Carmody documented in court a “20-minute phone call” and another “28-minute phone call.”

“I don’t know the nature of those conversations,” Wooten said. “The fact is (Tisaby) had never been provided a copy of that deposition until I provided him with the deposition.”

Judge Bryan Hettenbach challenged both sides repeatedly on Monday. In addition, he pointed out in open court that there’s also a video of the deposition in which Tisaby swears to tell the truth.

The judge said he will decide soon on whether to keep the deposition in evidence. The case returns to court Wednesday.

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