For first time, prosecution ties Confide app to Greitens Invasio - KMOV.com

For first time, prosecution ties Confide app to Greitens Invasion of Privacy case

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Missouri Governor Eric Greitens seen in a mugshot on February 22, 2018. (Credit: St. Louis Police Department) Missouri Governor Eric Greitens seen in a mugshot on February 22, 2018. (Credit: St. Louis Police Department)

ST. LOUIS (KMOV.com) -- Following a weeks-worth of motions filed by Governor Eric Greitens' defense team, the prosecution has filed a motion of their own, arguing two of the governor's attorneys must be thrown off the case.

Kim Gardner's team on Friday filed a Motion to Disqualify James Bennett and Dow and Bennett, claiming they have a conflict of interest due to their representation of the governor in the recent Confide lawsuit. Early this month, Dowd and Bennett stepped away from the representing the Governor in a separate civil lawsuit regarding the Governor's use of the phone app Confide.

For the first time, the prosecution alleged Greitens use of Confide is connected to the Invasion of Privacy case.

Writing "On information and belief, Confide is one of the applications that [the] Defendant used to violate Missouri's Invasion of Privacy law."

The motion was penned by Ronald Sullivan Jr., the Harvard Law professor working on the Greitens case. News 4 reported earlier in the week that the Governor’s defense team alleges Sullivan's hiring was improper. Their motion argues that the Circuit Attorney’s Office may have committed a misdemeanor by doing so. The motion says that Sullivan also defends criminal cases in other parts of the country. It alleges that's not allowed under Missouri law.  

Dowd later released the following statement:

“There is no conflict of interest.  On January 11, the Attorney General confirmed notice of the issue and consulted with us by e-mail about how to handle the two matters.  This was resolved by satisfying the Attorney General that the state would not be billed additional amounts based on the two matters.  The State has at all times been aware of this situation and the Circuit Attorney’s maneuver in raising it now reflects on the motion’s lack of support and a certain level of desperation.” - Ed Dowd, Jr. 

Greitens legal team also released this statement:

Having already acknowledged that they lack proof of any crime beyond reasonable doubt, the Circuit Attorney now says that they have “information and belief” that someday they might have proof based on an app. The term “information and belief” is defined as “language used in legal proceedings to qualify a statement and prevent a claim of perjury” and it should not be understood in any way to suggest there is any proof behind the statement.  Rather, this is another example of the Circuit Attorney making an allegation supported by no evidence.

Click here to read the motion.

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