Invasion of privacy charge dropped against Gov. Eric Greitens

The invasion of privacy charge against Gov. Eric Greitens was dropped on Monday.

Upon learning the news, the governor told reporters, “Today, prosecutors dropped the false charges against me. This is a great victory and it’s been a long time coming.”

Assistant St. Louis Circuit Attorney Ronald Sullivan made the announcement in court after the third day of jury selection in Greitens’ trial. Sullivan pointed to the fact that Greitens’ defense attorneys planned to call the St. Louis circuit attorney, whose handling of the case has been under constant criticism by Greitens’ attorneys.

According to the St. Louis Circuit Attorney’s Office, prosecutors plan to re-file the case. Then, the Circuit Attorney will either pursue a special prosecutor or make an appointment of one of her assistants to proceed.

The governor was accused of taking a semi-nude photo of his ex-mistress without permission in 2015.

“This experience has been humbling,” said Greitens on Monday. “I’ve emerged from it a changed man.”

Attorneys for the governor said Gardner did not have to drop the charge because she was an endorsed witness by the defense. The team requested Judge Rex Burlison dismiss the case on Monday afternoon because of a lack of evidence, attorney Jim Bennett told reporters outside the courthouse. Gardner had come under fire from the defense for allegedly allowing their private investigator, William Don Tisaby, to lie about evidence he collected in an interview with the ex-mistress.

“Rather than answer questions about what happened here, they dismissed it,” Bennett said. “The case was going nowhere, there was no evidence to support any of the elements, and we’re very excited for the governor to be out of the way of these charges.”

The St. Louis Circuit Attorney’s Office released the following statement on the decision Monday:

“Since January, Governor Greitens and his defense team have taken a scorched-earth legal and media strategy and relentlessly attacked the intentions, character and integrity of every person involved in investigating the Governor’s behavior including Missouri House Committee members, the Attorney General, the Circuit Attorney and her team, his victim, her family and those who have called for his resignation.

On February 22, 2018, a Grand Jury indicted Governor Greitens on Felony Invasion of Privacy. The Circuit Attorney has done everything in her power to remain focused on the facts and the truth of this matter. The Circuit Attorney and her team are ready, willing and able to go to trial this week on behalf of the people of the state of Missouri and Mr. Greitens’ victim.

Last week, Governor Greitens made a motion to include the Circuit Attorney as a defense witness. A defendant who wishes to call a prosecutor as a witness must demonstrate a compelling and legitimate reason to do so. Governor Greitens has produced no compelling reason to include the Circuit Attorney as a witness for any purpose. The defense team knows that the tactic of endorsing the Circuit Attorney as a witness is part of their ongoing effort to distract people from the defendant’s actions that brought about both the felony Invasion of Privacy and Computer Tampering charges against him.

22nd Circuit Judge Rex Burlison made an unpreceded decision by granting a request by Governor Greitens’ defense team to endorse the Circuit Attorney as a witness for the defense. The court’s order places the Circuit Attorney in the impossible position of being a witness, subject to cross-examination within the offer of proof by her own subordinates.

While the court has other remedies, such as calling the private attorney of K.S. as a witness, it has chosen not to do so. When the court and the defense team put the state in the impossible position of choosing between her professional obligations and the pursuit of justice, the Circuit Attorney will always choose the pursuit of justice. The court’s order leaves the Circuit Attorney no adequate means of proceeding with this trial. Therefore, the court has left the Circuit Attorney with no other legal option than to dismiss and refile this matter.

The Circuit Attorney and her team will research the best step forward for this case in light of the court’s ruling. The Circuit Attorney will be (making) a decision to either pursue a special prosecutor or make an appointment of one of her assistants to proceed.”

ABC 17 News will continue to update this story with more information as we gather it.