Special Investigative Committee subpoenas Gov. Greitensto appear before it June 4

UPDATE 9:43 p.m.: Gov. Greitens’ attorney Michelle Nasser released the following statement in response to today’s hearing:

“I was a federal prosecutor for 13 years. I’ve appeared before many judges and have engaged in countless matters with opposing counsel. I have never been treated in such an unprofessional manner as I was today by Chairman Jay Barnes during today’s Committee hearings. Chairman Barnes’s demeaning treatment of me was completely unsolicited and deeply disrespectful. I believe the Committee’s commitment to openness, courtesy, and fairness is being undermined by Chairman Barnes. I have never been the subject of public beratement ever, as I was by Chairman Barnes for several minutes today. Today was the first day I had any interaction with Chairman Barnes, and he seemed to take pleasure in shouting at me for no apparent reason. Also, the statements Chairman Barnes made today about my law partner are untrue. The day began with Chairman Barnes ordering me to leave a session during which the Committee apparently was reviewing audio evidence. The Committee had voted for the session to be closed, but I believe the rules allow the Governor’s lawyers to be in the room during both open and closed sessions. When I asked to attend and observe the presentation of the evidence, Chairman Barnes accused me of attempting to “hijack” the hearing. When I explained my understanding of the rules, he threatened to call the sergeant-at-arms to forcibly remove me. Later, during an open hearing, I was sitting silently in the audience, and Chairman Barnes yelled at me for several minutes with the cameras rolling. Chairman Barnes apparently thought I was deserving of his tirade because the Committee was asked to consider exculpatory evidence. This evidence was presumably included when Chairman Barnes received the Circuit Attorney’s entire file, which Ms. Gardner provided in violation of Judge Burlison’s order. Today’s attack on me from the Chairman, his unwarranted accusations against my law partner, the secretive nature of the Chairman’s work, and his questionable associations with material witnesses like Scott Faughn should concern us all. This is not a fair process designed to get at the truth.”

ORIGINAL: Forensic examiner Brian Koberna testified before the special House investigative committee for more than two hours Friday about photos found on Gov. Eric Greitens phone. The committee said it will subpoena additional documents regarding the examination and will also subpoena Greitens to appear before it June 4.

Koberna told the committee there were three photos taken March 21, 2015 on Greitens’ phone. That’s the day Greitens allegedly took a photo of his former mistress without her consent.

While the forensic examiner cannot say whether any of the three photos are of the woman, Koberna said they were “benign.”

“For clarification, the photos that were already reviewed, in those photos were thumbnail photos of cache images that were benign in nature but this database is a pointer. All it does is point to if a photo may or may not have been existent in the database during a specific day,” Koberna said.

Koberna stated the three photos were then given to his special master for further review, but his duty was limited as an examiner, and he cannot confirm what was in the photos.

Shortly after the testimony from Koberna, additional documents were discussed by committee member Curtis Trent; however, Barnes questioned Michelle Nasser, an attorney with the firm representing Greitens on why they did not have the documents sooner.

A shouting match then occurred between Nasser and Barnes regarding additional documents.

Nasser then responded to Barnes, saying she simply was present in Friday’s hearing to observe, not testify, and had no comments to give.

“I’m shocked, and I shouldn’t be hollering at you [Nasser] and I apologize for that. I do want to ask, can you state your side?” Barnes asked.

“I am only here to observe, Mr. Barnes,” Nasser said.

Barnes accused Greitens’ attorney Edward Dowd of deciding what is relevant and what is not because, he said, these certain documents magically appearedbefore the committee. Barnes said they are going to subpoena all of the documents, and then called Dowd a liar.

Shortly after the committee took a 20-minute break, Nasser addressed the committee with a statement from Dowd.

The statement is as follow:

“I am not in Jefferson City today. Therefore, I am asking Ms. Nasser to read the following from me. We were led to believe that the Circuit Attorney’s Office had delivered to the Committee all discovery that the Circuit Attorney possessed. As I sit here today, I have no reason to believe that is not true. That material would have included the documents provided this morning to Representative Trent. If the Circuit Attorney did not provide these documents, then that may actually raise a question as to why she provided some but not all discovery which she possessed. Nevertheless, our provision of records to Mr. Trent was done with the belief that the Committee already had this material. As to the request for our consent to allow Mr. Koberna to turn over everything he obtained from all three phones in questions, we cannot do so, but will be happy to work with the Committee as to what can be turned over that has not already been turned over. Much on those phones was kept from the parties because it was personal and totally irrelevant to the matters in questions. Those things will need to remain protected for all three individuals. I will be happy to come back to Jefferson City next week.”

Barnes confirmed the governor has been subpoenaed to appear before the committee on June 4 and the former mistress on June 5.

The committee is scheduled to meet again Tuesday at 10 a.m.