Jury selection in Gov. Greitens' trial to enter 3rd day

(Credit: KMOV)

ST LOUIS (KMOV.com) -- Will the case stand or get tossed out? That’s what a judge is currently deciding in the case against Missouri Governor Eric Greitens.

Judge Rex Burlison told both sides Monday that he would rule on Thursday.

But the case has no doubt been complicated by an investigator hired by the prosecution. Attorneys for Governor Greitens say that the private investigator hired to work the case lied under oath and they say the Circuit Attorney has committed misconduct on the case.

They want the case tossed out.

The prosecution strongly disagrees. However, Monday, they admitted their own investigator has even lied to them.

In February, Circuit Attorney Kim Gardner confirmed she had hired William Tisaby as a private investigator. He’s a former FBI agent with his own Michigan-based private investigative firm.

Nearly ever since the governor's defense team has been raising questions about his qualifications and methods. Most recently they say he lied to them under oath. Monday they suggested he or someone within the prosecutor’s office deleted lines from drafts of his earlier notes.

The defense team called that "awful," and also lobbed other concerns at the Circuit Attorney, calling the conduct from the prosecutor's office "egregious."

Outside court, defense attorneys have been abiding by a court order preventing them from public statements. The circuit attorney also declined to talk after court, but in the courtroom, Chief Trial Assistant Robert Dierker acknowledged that Tisaby had lied to him too, saying it was a "mistake" to rely on him.

But Dierker said there were only "two people who know what went on in that basement in 2015" and said the woman's statements have been consistent on the merits of the charge that he took an unwanted picture of her in a state of undress.

Attorney Lynette Petruska, who is not a party to the case says it could come down to whether the judge thinks the issues have been mistakes or something willful.

“The rule doesn't specifically talk about dismissing the charge for violation, but it says the attorney can be sanctioned in any way it deems appropriate and the courts have discretion in how it administers justice,” Petruska said. The judge Monday did rule that officials could do a forensic exam of the cell phone of the woman at the center of the case and said they could obtain her ex-husbands bank records as well.

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