ST. LOUIS – In a Thursday morning hearing in St. Louis, Greitens’ criminal defense team accused the prosecutors in the case of perjury.
On Wednesday, the House Committee released a 25-page investigation report into Greitens.
READ MORE: House Committee releases Greitens report
Greitens’ defense team said the St. Louis Circuit Attorney’s Office said the video recording of the mistress’ deposition was inaudible. But after it was sent to an IT department on Monday, they found out it worked. Greitens' team said the Circuit Attorney's Office withheld the recording until Wednesday evening.
Prosecutors said 10 minutes of a two-hour deposition were inaudible due to a malfunction. They also said the testimony during those 10 minutes was consistent with what has already been presented in the case.
Greitens’ attorney said they were kept in the dark about it and want the case thrown out. The judge has not ruled on the request.
The Circuit Attorney's office filed an opposition to the perjury accusations and request to have the case thrown out. The office's filing said Gardner was gathering more information, not withholding information. It said Gardner turned over the video, notes from the briefing and notes from the Circuit Attorney at 4:38 on April 11, within 48 hours of her discovering the new information.
The court has a standing order for this case that the Circuit Attorney's must be produced new evidence within 48 hours.
In a statement later in the day, the governor's defense team said the withheld video also directly contradicted some allegations in the House report released Wednesday.
Republican Representative Don Phillips — who served as vice-chair of the House committee that released Wednesday's report — released a statement shortly after the release from Greitens' legal team. In his statement, Phillips defended the committee's process of seeking the truth.
"The transcripts show that members did not just accept testimony as fact, but cross-examined witnesses, at times repeatedly and persistently, to ensure that what was reported to the House was indeed deemed accurate," Phillips said in the emailed statement.
Both statements can be read in full below.
STATEMENT FROM GOV. GREITENS
We told you yesterday afternoon that the House report would be incomplete. It was.
We told people that they needed to see all the evidence. And now, we have proof that Circuit Attorney Kim Gardner and her team hid evidence from the people of Missouri and from the Missouri House of Representatives—evidence that undermined the narrative pushed in the House report.
Kim Gardner hid a video that she knew directly contradicted allegations in the House report, and she allowed her lead investigator to lie about it, under oath.
Just last night—as false stories were being pushed to press—the prosecutor turned over a videotape of her interview with the woman. This was evidence that the prosecutor was legally required to turn over months ago. She purposefully kept it hidden until one hour after the false report was released.
The House report contained explosive, hurtful allegations of coercion, violence, and assault. They are false. Those allegations can be refuted with facts. Despite the Circuit Attorney's attempts to keep it from the people of Missouri, we have video evidence that contains some of those facts.
In the video, the woman talks for almost two hours, and never once mentions any coercion. In the House report, there is a false allegation that I slapped the woman. That allegation had been made once before, and it was disproven. The story changed, so I will say again: it did not happen. On this new video, she says that when this story broke in the media, she asked her two friends if they ever remembered her talking about a slap, and they both said “No.” The witness claimed to the House that she was coerced into sexual activity on the morning of March 21st. This is inconsistent with her statements in the video interview with the Circuit Attorney.
The report that was put out last night did not contain this evidence, and the allegations in that report will refuted by facts, including this video, depositions, discovery, and other evidence that will be subjected to the rigors of a courtroom analysis. In 32 days, a court of law and a jury of my peers will let every person in Missouri know the truth and prove my innocence.
Statement from Committee Vice-Chair Rep. Don Phillips:
“When our colleagues in the House voted on March 1st for the Special Investigative Committee on Oversight to investigate certain actions of Governor Greitens, their unanimous vote was a clear sign House members required nothing less than the highest level of integrity from the committee. The members placed their trust in the committee, with the expectation that we would follow the facts and provide a full accounting of what those facts were. It was a responsibility that each member of the committee took extremely seriously.
The report released Wednesday reflects the thorough examination each committee member took in determining the validity of the facts of Governor Greitens’ conduct. The transcripts show that members did not just accept testimony as fact, but cross-examined witnesses, at times repeatedly and persistently, to ensure that what was reported to the House was indeed deemed accurate. Each member of the committee drew on their own professional experiences to question and determine each witness’s credibility. For me, I relied upon the lessons I learned in my 28 years as a Missouri state trooper in my inquiries and in my consideration of the truth.
The trust of my constituents and of my colleagues is the most important value needed to serve as a Representative. Everything I do is with honor and integrity to protect the trust that has been placed in me. In signing my name to the report, I did so with confidence that the committee diligently sought the truth, invested great consideration of the testimony we heard, and that the report was factual and credible.”