What's next for Greitens's legal case

Posted at 7:52 PM, May 16, 2018
and last updated 2018-05-16 20:52:42-04

JEFFERSON CITY, Mo. — Police continued to investigate on Wednesday allegations from the legal team of Gov. Eric Greitens that investigator Don Tisaby committed perjury during the governor’s felony invasion of privacy case.

Tisaby served as the lead investigator for the prosecution team and conducted interviews with witnesses.

In a statement released on Tuesday, Greitens attorney Ed Dowd accused Tisaby of “lying about his methods and the evidence he collected.”

A day after the allegation was made, Tisaby’s attorney responded.

“They’ve used Mr. Tisaby as a distraction this entire time,” explained attorney Jermaine Wooten. “I was a bit shocked but I don’t anticipate Mr. Tisaby being charged.” 

After meeting with the governor’s attorneys on Tuesday, police decided to open an investigation.

Wooten told 41 Action News he believed the investigation would show no evidence Tisaby committed any wrongdoing.

“He’s very hurt and very perplexed that he’s the focal point of this case,” he explained. 

With Greitens still facing a looming trial over allegations he used a charity donor list for political purposes, Wooten told 41 Action News he believed the governor’s attorneys were trying to get attention off him.

“This (felony invasion of privacy) case was really a black and white case. The case really boiled down to the governor and a witness,” he explained. “I think we can expect the defense team to continue to make Mr. Tisaby a distraction.”

Wooten believed the defense team’s reaction stemmed from details contained in the woman’s testimony.

“I think her testimony may have been very credible,” the attorney explained. “Therefore they decided we have to go after Tisaby.”

The police investigation came as St. Louis Circuit Attorney Kim Gardner continued to face criticism.

On Wednesday, attorney Jeffrey Ernst questioned the approach of the prosecution team after this week’s dismissal.

“Here, they decided that they would indict the governor and then see if they can find the photograph. That’s the reverse way of doing things,” he explained. “To have a case dismissed on the eve of trial is certainly telling in the quality of the case that you had and the strength of the evidence.”

After working in the Circuit Attorney’s Office for around a decade and being overseen by Gardner for a year, Ernst now works as an attorney representing a witness in the governor’s charity donor list case.

Moving forward, Ernst said Gardner’s alleged missteps in the first case could end up hurting her in the upcoming trial.

“Unfortunately, the credibility of Ms. Gardner and her ability to proceed on any cases connected to the governor is totally tainted,” he explained. 

As of Wednesday evening, a police report still had not been released after the meeting with the governor’s attorneys.

However, police said the investigation was still open.