ST. LOUIS _ Prosecutors in St. Louis do not possess the photograph that Gov. Eric Greitens allegedly took of a woman without her consent.
Greitens' attorney, Jim Bennett, told a St. Louis judge Wednesday that he had been informed by prosecutors that the photo doesn't exist.
Robert Steele, first assistant circuit attorney of St. Louis, said this was incorrect.
"I did not tell them the picture doesn't exist. I told them we don't have it in our possession at this time," Steele said. "We plan to get that picture."
Greitens faces a felony indictment for invasion of privacy based on allegations that in 2015 he photographed a woman while she was blindfolded and partly nude in an effort to keep her from talking about the extramarital affair.
The case could hinge on whether prosecutors can prove the photo's existence.
The governor has refused to directly answer whether he took it.
Judge Rex Burlison has set a trial date for May 14, rejecting a request from prosecutors to hold the trial in November.
