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Judge seals discovery letter in criminal case against Greitens

ST. LOUIS, Mo. — A discovery letter from the St. Louis Circuit Attorney’s Office to Gov. Eric Greitens’ defense attorneys has been sealed on a judge’s orders.

“Discovery letter dated April 19, 2018 from the circuit attorney office to Mr. Garvey and Mr. Martin is hereby ordered sealed and raised to a security level of 9,” ordered Judge Michael Mullen.

It is unclear what the letter sent to James Martin and John Garvey from Kim Gardner’s office contains. The security level is a Case.net designation of who can see the information. 

The letter, and subsequent order, were filed in relation to the case against Greitens for felony invasion-of-privacy.

Greitens is accused of taking a picture of a bound, blindfolded, and partially nude woman with whom he was having an extramarital affair with at the time and threatened to blackmail her if she made the affair public.

On Thursday, St. Louis Circuit Judge Rex Burlison denied a motion to dismiss the case. Burlison did grant the defense permission to re-depose William Tisaby, a former FBI agent hired by St. Louis Circuit Attorney’s office to help with the investigation, as well as K.S., the woman at the center of the case, and her ex-husband, known only as P.S.

Burlison also said he could bring further sanctions and reevaluate the motion to dismiss if it is proven the prosecution withholds evidence again.

The sanctions arose when Martin accused Gardner of not providing the defense with a two hour videotaped interview with K.S. Greitens’ lawyers said they were told the interview, conducted by Tisaby, was lost because the video recorder “malfunctioned.”

Martin said the supposedly broken videotape of the alleged victim’s deposition “magically appeared” at 6 p.m. Wednesday, just one hour after the Missouri Special Investigative Committee on Oversight released a scathing report on the governor.

Judge denies motion to dismiss in Greitens’ felony invasion of privacy case