Downtown Courthouse St. Louis

Kevin Killeen/KMOX

Evidence Still Missing in Greitens Trial

May 08, 2018 - 9:19 am

ST. LOUIS (KMOX) - Some important evidence the prosecutor hoped to have for the Eric Greitens trial isn't there, but they're pressing on with the case. 

Originally, the prosecution said in open court, we haven't got the picture, but we're working to get it. Now with the trial at the door, there's still no picture, nobody to testify they saw it, and no proof of transmission.  What the prosecutor has is the former lover, who will try to convince the jury she heard the distinctive I-phone camera click, and saw the flash through the blindfold.

But the felony statute requires the picture has to have been transmitted. The prosecutor will try to convince the jury that simply having a compromising picture of someone without their permission on a device capable of transmission rises to the level of a felony.  The defense will say, no, you have to press a button and send it.