Grand jury indicts Gov. Greitens on felony invasion of privacy charges

FILE - In this Jan. 10, 2018, file photo, Missouri Gov. Eric Greitens delivers the annual State of the State address to a joint session of the House and Senate in Jefferson City, Mo. Greitens appears to be bracing for a fight to preserve his political life after admitting to an extramarital affair but denying anything more. Greitens met Thursday, Jan. 11, 2018, with Cabinet members and placed calls to rally support while his attorney issued firm denials to a smattering of allegations related to the affair. (AP Photo/Jeff Roberson, File)
FILE - In this Jan. 10, 2018, file photo, Missouri Gov. Eric Greitens delivers the annual State of the State address to a joint session of the House and Senate in Jefferson City, Mo. Greitens appears to be bracing for a fight to preserve his political life after admitting to an extramarital affair but denying anything more. Greitens met Thursday, Jan. 11, 2018, with Cabinet members and placed calls to rally support while his attorney issued firm denials to a smattering of allegations related to the affair. (AP Photo/Jeff Roberson, File)

ST. LOUIS (AP) - A St. Louis grand jury on Thursday indicted Missouri Gov. Eric Greitens on a felony invasion of privacy charge for allegedly taking a compromising photo of a woman with whom he had an affair in 2015.

The Republican governor responded that he made a mistake but committed no crime.

St. Louis Circuit Attorney Kim Gardner launched an investigation in January after Greitens admitted to an affair with his St. Louis hairdresser that began in March 2015. He was elected governor in November 2016.

Thursday's indictment was followed with an announcement by House Republican leaders that they were forming a group of lawmakers to investigate the charges "and answer the question as to whether or not the governor can lead our state while a felony case moves forward."

In a statement following the indictment, the Republican governor attacked the prosecutor who brought the charge.

"As I have said before, I made a personal mistake before I was Governor," he said. "I did not commit a crime. With today's disappointing and misguided political decision, my confidence in our prosecutorial system is shaken, but not broken. I know this will be righted soon. The people of Missouri deserve better than a reckless liberal prosecutor who uses her office to score political points.

"I look forward to the legal remedies to reverse this action. This will not for a moment deter me from doing the important work of the great people of Missouri."

 

Greitens' attorney, in a separate statement, called the indictment "baseless and unfounded."

"In 40 years of public and private practice, I have never seen anything like this," attorney Edward L. Dowd Jr. said.

Greitens' legal team immediately filed a motion to dismiss the indictment on the grounds that any relationship with the woman was consensual.

Gardner, a Democrat, declined comment beyond a brief news release.

Some lawmakers renewed suggestions that Greitens should consider resigning, as they had done when the affair first became public last month.

Democratic state Sen. Jamilah Nasheed of St. Louis called for an impeachment process to begin immediately.

"Gov. Greitens has to go," Nasheed said. "Missourians thought they voted for a person of character and integrity, and instead they got a liar and alleged criminal."

Any impeachment process must begin in the House with an investigation.

The joint statement from House Speaker Todd Richardson, Speaker Pro Tem Elijah Haahr and Majority Leader Rob Vescovo did not specifically mention impeachment while noting that they were initiating an investigation.

The indictment states that on March 21, 2015, Greitens photographed a woman identified only by her initials "in a state of full or partial nudity" without her knowledge or consent. The indictment said Greitens "transmitted the image contained in the photograph in a manner that allowed access to that image via a computer."

In 2015, the woman told her husband, who was secretly taping the conversation, that Greitens took the compromising photo of her at his home and threatened to use it as blackmail if she spoke about the affair.

The penalty for first-degree invasion of privacy in Missouri is up to four years in prison.

Greitens was taken into custody in St. Louis and released on his own recognizance, said Susan Ryan, a spokeswoman for Gardner. He is due in court for his first hearing on March 16, before Circuit Judge Rex Burlison.

Greitens has repeatedly denied blackmailing the woman, but has repeatedly refused to answer questions about whether he took a photo.

The indictment, which is a charge issued by a grand jury after it heard evidence presented by a prosecuting attorney, came about a month before the statute of limitations would have run out. The statute of limitations for invasion of privacy in Missouri is three years.

Like any other criminal charge, the indictment must be taken to the circuit court for a determination of the person's guilt or innocence related to the charge - a decision most commonly made after a trial or because of a defendant's plea in a case.

Ryan, asked if additional charges could be filed, said the matter is still under investigation. Several lawmakers were questioned last week by investigators from Gardner's office.

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