A Day After Charge Against Greitens Is Dropped, His Attorneys Talk On KMOX

Charlie Brennan
May 15, 2018 - 5:05 pm
Charlie Brennan

In an almost unprecedented move, St. Louis Circuit Attorney Kim Gardner yesterday dropped all felony invasion of privacy charges she filed against Governor Eric Greitens in February.  Lawyers for the governor were forbidden from discussing the case until now.  Two of his attorneys, Jim Martin and Ed Dowd, appeared on my KMOX Radio program this morning and made these points:

  • The court’s forensic examiner found no photograph of Greitens’ illicit lover on his iphone and determined no photograph had been deleted from his phone on March 21, 2015 as she alleged under sworn oath.Nor was such a photograph on his email or in the Cloud. This revelation was from the court’s Special Master Richard Callahan, former U.S. Attorney for the Eastern District of Missouri, an Obama appointee, and not from the defense team.
  • The Circuit Attorney waited until late April to examine Greitens’ iPhone for the alleged photo, even though the indictment was in February. This is pretty tardy considering the Governor must have taken a photo to be in violation of the invasion of privacy statute.
  • State Representative Stacey Newman, a Democrat, texted Greitens’ lover encouraging her to get a lawyer, go public and talk to the Circuit Attorney.Newman made an effort to give Gardner’s personal cell phone number to “the woman.”According to Martin, Newman texted Greitens’ illicit lover that “Democratic leadership wants to work with you.”
  • Missouri Time Publisher Scott Faughn delivered $50,000 in cash to Albert Watkins, attorney for the ex-husband of the woman at the center of the case.Martin said he is pretty confident his firm, Dowd Bennet, has never been paid in cash.
  • Ed Dowd said this morning Albert Watkins testified the money came from “a political operative” and was for a trust fund the ex-husband wanted for his kids.In the end, the money did not go to the ex-husband who wanted and expected it.This, according to Dowd, gave all the witnesses in the case a motive to lie.
  • Martin believes the Circuit Attorney’s team is guilty of “prosecutorial misconduct” because it failed to hand over witness statements, notes of investigators, and any material relating to the case including “exculpatory” evidence, i.e., information favorable to the defense.He says Garner’s team withheld that, in violation of the law.
  • Martin insists investigator William Donald Tisaby “blatantly lied” under oath throughout his deposition.For example, Tisaby took notes while seated next to Circuit Attorney Kim Gardner and she again sat next to him when he testified under oath that he didn’t have any notes. Martin said this is credible and undeniable evidence that Gardner allowed Tisaby to testify falsely under oath.
  • The Circuit Attorney’s office paid Tisaby $250/hour even for the seven-hour commute between St. Louis and his home in Alabama.
  • The prosecutors videotaped “the woman” during an interview but did not share the tape with the defense (as required by law).Martin’s team asked for the tape but was told the video camera malfunctioned.When the defense subpoenaed the video camera, the tape of the interview was handed over by the Circuit Attorney two days later.
  • Martin states Kim Gardner made herself a witness in the case by being the first person to interview the woman—by herself—in a hotel room in Illinois.American Bar Association standards dictate that prosecutors should never participate in interviews by themselves.At that point, Gardner became a witness by failing to bring an investigator or police officer as the witness. Later, she interviewed the woman with Tisaby but when he pleaded the fifth and refused to speak to the defense, she became the only witness to interviews with Greitens’ mistress.
  • Martin says, had the trial proceeded, he would have called a friend of the woman whose testimony would have helped Greitens’ defense.