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

(Credit: KMOV)

ST. LOUIS (KMOV.com) -- Prosecutors in the invasion of privacy case against Missouri Governor Eric Greitens are asking the judge to invoke "rape shield" laws regarding what may or may not come into trial about the alleged victim in the case.

Meanwhile, the Governor's defense team has requested that she not testify at all.

Both sides have filed several documents in recent days regarding specific evidence that could be included at the trial, as they prepare for trial.

The trial is scheduled to start May 14th. The governor faces one felony count of invasion of privacy. The allegations say he took a picture of a woman, referred to in court documents as K.S., in a state of undress, without her consent.

In a court filing submitted Tuesday, prosecutors are asking Judge Rex Burlison to prohibit testimony regarding the woman's past or counseling.

"Although this case does not involve charges subject to the “Rape Shield” statute, §491.015, RSMo, the policy of that statute can and should guide the Court in this case," wrote Assistant Circuit Attorney Robert Dierker. "The very nature of the defendant’s conduct is sexually abusive as a form of involuntary pornography. The case involves conduct of a type that is clearly intended to be be covered by the spirit of Rape Shield."

The governor's defense team, however, is asking the judge not to allow the testimony of the victim, at all. They claim that her testimony has been tainted by an investigator hired in the case, William Tisaby. The defense has claimed he perjured himself under oath.

"Nothing could be more prejudicial. Nothing could be more unfair to obtaining a fair trial. Nothing could more damage the concept of due process in our criminal justice system," the Governor's defense attorney, Jim Martin wrote in court documents, also filed Tuesday.

The defense team is also seeking to toss out another witness from testifying,

The judge indicated he will hear arguments regarding that issue on Monday morning at 11:00.

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