(UPI-Greenblatt)

Special Examiners Search Gov. Greitens' Phone For The Alleged Photo

A source close to the case says they are looking for the alleged picture Greitens took of his half-dressed lover without her permission.

May 08, 2018 - 5:14 pm

ST. LOUIS (KMOX) - At the request of the prosecutor, Missouri Gov. Eric Greitens' lawyers handed over his cell phone to undergo probing for data that could be used against him in next week's invasion of privacy trial.

A source close to the case says they are looking for the photo – the alleged picture Greitens took of his half-dressed lover without her permission. And they are looking for any evidence that he may have sent the photo to someone else.

Related story: Judge Allows Key Testimony At Missouri Gov. Greitens' Trial

The prosecution has said in open court they haven't got the picture, but were working to get it. Currently, there's 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 noise made by an iPhone and saw the flash through the blindfold, when the photo was taken.

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.

Two forensics examiners entered the court room Tuesday and shut the door. They sat at a table and paper was taped over the glass on the door, so no one could look in.

Their job was to download the information from the phone and data connected to a different phone number.

It's believed that the physical phone examined today is not the same phone Greitens allegedly had with him in March of 2015, when he is accused of snapping a picture of his hair stylist in the basement of his Central West End home.

Neither side was commenting.

A special master appointed by the court, former U.S. Attorney Richard Callahan, will now look through the data for things relevant to the trial.  

The two-day jury selection process for Greitens' invasion of privacy case starts Thursday, but it's expected to run into Monday with the trial opening on Tuesday.