Kevin Killeen/KMOX

Attorney: Prosecution's Investigator Can't Give Deposition Because Involved in 'Matter of National Security'

"If that's true," said Greitens' attorney Jim Martin, "then God help us all."

April 23, 2018 - 10:50 am

ST. LOUIS (KMOX) - There was another pre-trial hearing Monday morning in Missouri Gov. Eric Greitens sex scandal case.

Attorneys for the governor say they have been trying since Thursday to depose William Tisaby, the prosecution's out-of-state investigator accused of lying under oath.

Tisaby is represented by Attorney Albert Watkins, who is also representing the ex-husband of Greitens' former lover.

Watkins told the court Tisaby couldn’t do a deposition right away because he is involved in a "matter of national security."

"If that's true," said Greitens' attorney Jim Martin, "then God help us all."

Greitens' attorneys said if Tisaby can't give a deposition by Tuesday, they want case thrown out. They also told the judge that it's a conflict of interest for Watkins to represent both Tisaby and the ex-husband.

Greitens' lawyers also want his former lover to lend them her cell phone for forensic examination -- they want to see texts between her and her ex-husband, which they say could help prove the governor's innocence.

But the woman's attorney, Scott Simpson, said that would be an invasion of privacy within the invasion of privacy case, because the phone has personal content, including attorney-client texts.

The judge suggested a compromise: Clone the phone, copy the phone's data, and allow a third party to pull out all the information relevant to the case.

There is another hearing set for 2 p.m. with Attorney Watkins, who was not present this morning.