Missouri Gov. Eric Greitens is due in a St. Louis court on May 14 to face trial on the felony invasion of privacy charge stemming from his 2015 affair.
But prosecutors admitted Wednesday that they don’t have one key piece of evidence: the photo Greitens allegedly took of the woman “in a state of full or partial nudity.”
Greitens has admitted to the affair, but an attorney for Greitens said at the hearing in St. Louis Circuit Court that prosecutors told him there is no photo. According to the St. Louis Post-Dispatch and the Kansas City Star, First Assistant Circuit Attorney Robert Steele responded that he didn’t say that.
“I told them we don’t have it in our possession at this time,” Steele said, according to the Star, adding that prosecutors plan to get it.
Greitens faces a charge of felony invasion of privacy in connection with the affair, during which he is accused of taking the photo of the woman without her consent and allegedly threatening to blackmail her if she spoke of the affair.
Greitens is the first Missouri governor to be indicted while in office.
With the 2018 legislative session is scheduled to end May 30, Greitens' court date comes at what could be an inconvenient time. Circuit Attorney Kim Gardner wanted it to start in November, St. Louis Public Radio reports, but the judge set it for May.
Several Republican and Democratic lawmakers have called on Greitens to step down, and the House has started its own investigation, which could lead to an impeachment. Greitens says he has no plans to resign.
Erica Hunzinger is the editor of Harvest Public Media and a contributor to KCUR 89.3. You can reach on on Twitter @ehunzinger.