Greitens' defense wants Hawley, Gardner kicked off Tampering cas - KMOV.com

Greitens' defense wants Hawley, Gardner kicked off Tampering case

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Missouri Attorney General Josh Hawley speaks at a news conference in St. Louis. (AP Images) Missouri Attorney General Josh Hawley speaks at a news conference in St. Louis. (AP Images)
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)
(AP Photo/Jeff Roberson) (AP Photo/Jeff Roberson)

ST. LOUIS (KMOV.com) -- Lawyers for Missouri Governor Eric Greitens are seeking to disqualify two top prosecutors from handling the latest charge against him.

Greitens’ attorneys filed a motion in St. Louis City court to disqualify Circuit Attorney Kim Gardner and Attorney General Josh Hawley from handling the charge filed Friday: Felony Tampering with Computer Data.

The charge alleges Greitens directed a former employee to take the donor list from the charity Greitens founded, The Mission Continues, and use it for campaign purposes.

Tuesday afternoon, Judge Rex Burlison heard arguments on both sides and decided to consider whether or not to appoint someone else to handle the case. He asked both sides to provide a list of people who might be able to serve as a special prosecutor. 

A filing in court from the defense team argues that Gardner has a “personal motivation” for bringing the new charge and asks that the judge appoint a special prosecutor.

In their own filing, the Circuit Attorney’s Office disagree, saying there is no “appearance of impropriety” to warrant the office’s disqualification. Both sides will make their argument in a court hearing at 2:00 Tuesday afternoon.

Greitens’ attorneys also argue the special prosecutor must be outside and independent of the Missouri Attorney General’s Office. Hawley called for Greitens’ resignation shortly after a committee of lawmakers returned their report into allegations surrounding Greitens’ extramarital affair.

“It would be inappropriate to appoint a person whose office has already determined the outcome and who has announced a political decision regarding the defendant,” a filing by Greitens’ lawyer states, further staying Hawley should be recused. 

Hawley has denied a conflict in his investigation of the Governor’s actions regarding The Mission Continues.

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