ST. LOUIS _ Missouri Gov. Eric Greitens' defense lawyers said Tuesday that they don't expect to ask for his invasion of privacy trial be moved out of St. Louis and have not yet decided whether to seek a bench trial.
Circuit Attorney Kim Gardner said in a hearing Tuesday she thinks jurors should be sequestered for the May 14 trial that both sides expect to take up to a week. The defense was not prepared to argue the issue Tuesday.
Circuit Judge Rex Burlison said he would order a pool of 160 people for jury selection to begin May 10 in St. Louis Circuit Court. He also set deadlines for prosecutors and defense lawyers to share evidence, names of witnesses and schedule depositions. Greitens' lawyers accused prosecutors of withholding evidence in the case tied to the circuit attorney's use of a private investigative firm based in Michigan.
"We want the notes," said defense lawyer Jack Garvey, a former St. Louis judge, of handwritten notes between investigators and Gardner's office, which the defense believes exist. "That's what we're asking for. That's what we're entitled to."
Assistant Circuit Attorney Rachel Smith denied the claim and said prosecutors will comply with rules for sharing evidence with the defense.
"We can't give what we don't have," Smith said.
The judge ordered that depositions with witnesses be complete by May 1. The trial will be heard by Burlison, who was appointed to the bench in 2011 by then-Gov. Jay Nixon. Nixon is now a partner in the Dowd Bennett law firm, which is defending Greitens.
A letter last week from the prosecution to the defense listed evidence collected thus far including transcripts of taped recordings of Greitens' former lover and her ex-husband and taped statements made by the woman.
Prosecutors have said they don't have a photo at the center of the allegations against the governor but vowed to obtain it. Greitens' lawyers have asserted that no such photo exists.
Also Tuesday:
_ A lawyer for several news organizations argued for advance notice of all pretrial hearings in the case after some news media missed two impromptu hearings last week. Burlison set hourlong time slots Monday and Thursday mornings for the lawyers to meet in open court to discuss issues in the case.
_ Prosecutors filed their response to a defense motion to dismiss the indictment that claimed that Greitens' former lover had no expectation of privacy during a consensual sexual encounter, and that the law was aimed at voyeurs.
Prosecutors responded that the defense team was making two "unsupported claims" not contained in the indictment: that there was sexual activity and that it was consensual. Both claims are disputed and a judge could only consider them in a motion to dismiss if they were undisputed, the motion says.
A judge can only consider the facts in the indictment when mulling a motion to dismiss, they say. Prosecutors said the lawyers were asking for "extraordinary relief" never before allowed in Missouri or in federal court anywhere.
Greitens was indicted on a felony charge of invasion of privacy Feb. 22. The investigation began in January after allegations that Greitens took a picture of the woman nude or partially nude without her consent, then threatened to release it if she mentioned his name. Greitens has denied blackmailing the woman.
