KANSAS CITY, Mo. — After a motion to dismiss the invasion of privacy charge against Missouri Gov. Eric Greitens, a judge has declared his May 14 trial is still on.

Thursday, a St. Louis, Missouri, judge rejected the motion to dismiss the felony charge.

The judge spoke with attorneys on both sides for nearly 40 minutes Thursday morning before delivering a ruling on the motion. During the hearing, the judge expressed frustration with how both sides have handled the case, and specifically mentioned prosecutors conduct in describing the defense motion as frivolous.

Gov. Greitens’ legal team filed the motion after they said the investigator in the case acted with misconduct in the interview with the woman Gov. Greitens admitted to having an affair with.victim said Gov. Grietens physically assaulted her and attempted to blackmail her with a nude photo.

His attorneys said investigators withheld evidence by not delivering additional notes and video taken during the woman’s interview.

The judge will allow the alleged victim to be deposed again.

Jury selection for the trial in on May 9.

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