ST. LOUIS — Gov. Eric Greitens’ defense team is seeking to disqualify St. Louis District Attorney Kim Gardner in the felony computer tampering case based on her actions in the ongoing felony invasion of privacy case. They are also seeking to bar Attorney General Josh Hawley from stepping up based on his comments following the House investigative report.
Greitens’ legal team moved to ensure the Attorney General Josh Hawley — whom they have filed a motion in Cole County to bar from investigating the governor — doesn’t take over the case.
“If the court determines that any investigation into and/or prosecution of Gov. Greitens is worthy of a special prosecutor, such special prosecutor must be outside and independent of the Missouri Attorney General’s Office,” the motion states.
“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.”
Following the release of the House investigative report, which graphically detailed Greitens’ extramarital affair, Hawley called on Greitens to resign, citing impeachable offenses in the report.
The motion filed by Greitens’ attorneys Monday afternoon also alleges serious misconduct by Gardner, her team, and the lead investigator in the felony invasion of privacy case. William Tisaby accused of giving false testimony under oath and “criminal perjury” is brought up in the motion along with allegations of withholding evidence.
“The Court has noted a ‘prima facie showing here there may have been criminal perjury,’” the motion cites from an April 12 in chambers hearing. “The Court called these ‘severe allegations of criminal perjury,’ and ‘very, very several allegations.’”
Gardner is accused of eliciting false testimony from Tisaby.
Tisaby allegedly falsely testified about taking notes and asking questions during two interviews. He also was untruthful about talking with Gardner in advance to those interviews, the motion states.
It is pointed out the Tisaby remains on the prosecutor’s team.
“Thus, there is a further appearance that the continued pursuit of this defendant by this prosecution team is based on bias and motivations other than providing this defendant equal treatment under the law,” the motion states.
“An unwavering defense of Mr. Tisaby seems to suggest that Mr. Tisaby and the investigation are being protected when they should not.”
The motion also accuses the prosecutors of withholding evidence including a videotaped interview with the key witness and notes of that interview — the same interview Tisaby is accused of giving false testimony regarding.
Beyond withholding exculpatory evidence, material was deleted from a witness statement that was included in multiple drafts of the witness statement and excised from what was turned over, the motion alleges.
“…the Circuit Attorney has a personal motivation to justify the prior charges and conduct by bringing new charges, which the defendant believes to be equally unfounded,” the motion states. “It is improper for a prosecutor to have a personal interest in creating another prosecution to distract from the way a prior prosecution was handled.”
Greiten defense claims, “It jeopardizes the rights of the individual defendant and presents a threat to the criminal justice system to have” Gardner in a position to “assist in the making of charging or prosecution decisions” in the felony computer tampering case based her actions in the felony invasion of privacy case.
The motion also alleges that the personal bias expands beyond Gardner and to her entire office.
“The Circuit Attorney’s own personal interest necessarily extends to the entire CAO, give that the Circuit Attorney has been personally involved in this matter and the entire office is no doubt well aware of her views,” the motion states.
Following the release of the House investigative report, which graphically detailed Greitens’ extramarital affair, Hawley called on Greitens to resign, citing impeachable offenses in the report.
The motion to disqualify Gardner and her office will be heard in St. Louis District Court on Tuesday.
Alisha Shurr was a reporter for The Missouri Times and The Missouri Times Magazine. She joined The Missouri Times in January 2018 after working as a copy editor for her hometown newspaper in Southern Oregon. Alisha is a graduate of Kansas State University.
