““In answering a grand juror’s concern about the lack of a photograph, Assistant Circuit Attorney Robert Steele, whether intentional or not, flagrantly misstated the applicable law — misleading the entire grand jury as to the essential elements of the crime on which it was asked to vote,” defense attorney James Martin wrote in a motion to dismiss filed late Monday. For that reason, he said, the charges should be dismissed.
Greitens pleaded not guilty in February to the charge for allegedly taking a semi-nude photo of his then-mistress. In order to get an indictment, said Washington University law professor Peter Joy, prosecutors would needed to have presented “some evidence” of each element of the crime — a nude or semi-nude photo taken of a person without their consent, in a place where they have an expectation of privacy. That photo would then have had to be transmitted in a way that it could be accessed by a computer.
Though prosecutors admit they do not yet have the photo in question, Joy said it wouldn’t have been necessary to bring charges. The woman’s testimony would have been enough.”
Governor’s attorneys say prosecutors misled grand jurors about the law
Attorneys for Gov. Eric Greitens are again asking a judge to throw out the felony invasion of privacy charge against their client, saying grand jurors