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story.lead_photo.caption Missouri Gov. Eric Greitens speaks during an interview in his office at the Missouri Capitol Saturday, Jan. 20, 2018, in Jefferson City, Mo. Greitens discussed having an extramarital affair in 2015 before taking office. (AP Photo/Jeff Roberson)

ST. LOUIS (AP) -- Attorneys for Missouri Gov. Eric Greitens say in a court filing that a grand jury has not been presented with evidence indicating that Greitens transmitted a compromising cellphone photo of a woman with whom he had an affair -- a key element in determining if he committed a felony.

The St. Louis Post-Dispatch reports that the argument that the grand jury never heard evidence that a felony was committed came in a Monday request to move up the trial to April 3 from May 14. Prosecutors oppose expediting the trial.

A St. Louis grand jury in February indicted Greitens on fourth-degree invasion of privacy. Greitens has admitted to the affair in 2015, before he was elected, but denies criminal wrongdoing. He has not said if he took a photo.

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