Gov. lead attorney Ed Dowd hoping judge throws out case, accuses prosecutor of gross misconduct, hiding evidence.

Kevin Killeen/KMOX

Greitens' Attorneys Accuse Prosecution of Gross Misconduct, Hiding Evidence

The judge could rule later today whether he will throw out the invasion of privacy case against Greitens.

April 12, 2018 - 12:28 pm

ST. LOUIS (KMOX) - Missouri Gov. Eric Greitens' attorneys accuse the prosecution of gross misconduct and hiding evidence, and have asked that the case against the governor be dismissed. 

The judge could rule later today whether he will throw out the invasion of privacy case against Gov. Greitens.

Greitens' lawyers accused Circuit Attorney Kim Gardner today of intentionally hiding notes and a videotape, which were turned over at the last minute Wednesday night.

They say that if it were turned over earlier, it would have shown the governor's former lover was consenting to the affair from the start.

They also accused the prosecutor's hired investigator of lying under oath about whether he took notes. They wanted to see all the evidence before the Missouri House released its report.

Greitens' lawyers say the impact of all this is it would have showed inconsistencies in the testimony that was released by the Missouri House Wednesday night -- consistencies from the former lover.

They say she's not credible, and that she's told different stories about whether the affair was consensual or not.

Meanwhile, Circuit Attorney Kim Gardner's office says accusations of perjury are unfounded. The prosecutor's office says it wasn't aware of any notes the investigator, William Tisaby, took while interviewing the woman with whom the governor had an affair. The interview was recorded, though Gardner initially told the court it wasn't due to a malfunction. The prosecutor says she viewed it for the first time Tuesday and realized Tisaby's deposition testimony was wrong, as he claimed he didn't take notes -- but the video shows he did. Gardner says the notes are now new evidence, as such her office had 48 hours to make them available to the defense -- which she did.