Gov. Greitens indicted by St. Louis grand jury on felony invasion of privacy charge

This story was updated numerous times since its initial publication, including clarifying information about the indictment and reactions from Missouri politicians.

JEFFERSON CITY — Missouri Gov. Eric Greitens has been indicted by a grand jury on a felony charge of invasion of privacy, St. Louis Circuit Attorney Kim Gardner said.

Gardner's office announced the indictment Thursday afternoon. In a statement, a private attorney for Greitens denied the charges and said the Republican governor was "absolutely innocent."

In a news release, Gardner noted that Missouri law includes provisions for invasion of privacy charges to be brought either as a misdemeanor or a felony and that the law includes a three-year statute of limitations. According to a copy of the indictment, Greitens has been charged with a Class D felony.

In Missouri, invasion of privacy can include capturing the image of another person without their consent.

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Greitens admitted Jan. 10 that he had an affair with a woman who was cutting his hair. He has denied the woman's claim — apparently recorded without her knowledge in March 2015 by her ex-husband — that he allegedly tied her up, photographed her and threatened to release the image if she spoke of their affair.

Greitens "knowingly photographed (the woman) in a state of full or partial nudity without the knowledge and consent of (the woman) and in a place where a person would have a reasonable expectation of privacy, and (Greitens) subsequently transmitted the image contained in the photograph in a manner that allowed access to that image by a computer," the indictment says.

Republicans in the Missouri House — which is where any impeachment proceedings would begin — say they will investigate.

Less than an hour after the indictment was made public, Edward L. Dowd Jr., an attorney with the Dowd Bennett law firm representing Greitens, responded that he would be moving to dismiss the charge.

"In forty years of public and private practice, I have never seen anything like this," Dowd said in a statement. "The charges against my client are baseless and unfounded. My client is absolutely innocent."

Dowd issued a stronger rejoinder to Gardner and the indictment later Thursday night, adding that the House's "independent, bipartisan committee" was a welcome addition to Greitens' sex scandal. Dowd also slammed Gardner's "completely unusual" investigation, claiming that the invasion of privacy law "has never been used like this in Missouri history."

"In unprecedented fashion, the Circuit Attorney circumvented the local police force and hired her own investigators - we attempted to meet with the Circuit Attorney and make the Governor available to discuss the issues," Dowd said. "They refused. She proceeded to file an indictment that has no facts.

"We will work with the committee. We will be deposing witnesses and will be happy to share information with you with the Court’s permission."

Dowd's statements were provided to the news media by a lobbyist the law firm recently hired.

A spokeswoman for Gardner offered a different account of the communications between the St. Louis Circuit Attorney's office and the governor's defense team. Gardner "believes the courtroom is the appropriate place to argue the facts, not the media."

"The lawyers for Governor Greitens contacted the Circuit Attorney’s Office yesterday to meet for a 'secret' meeting next week of counsel only. The Circuit Attorney asked if the Governor would be making a statement that is any different from his public statements," spokeswoman Susan Ryan said. "His lawyers said they wanted to share the 'human' side of his story. The Circuit Attorney makes charging decisions based upon facts and evidence. Without additional facts and information from the Governor, the meeting was not necessary."

Gardner's office added that "it is not unusual for the Circuit Attorney to conduct an independent investigation. There are many examples over the previous 15 years where the Circuit Attorney conducted Grand Jury investigations without the use of the police department."

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In previous comments, Greitens had said he made "a personal mistake" and was "sorry for the pain it caused to everyone impacted, including (wife) Sheena, our boys, our families, our friends, and the people who have relied on me." The matter was something he and his wife wanted to deal with privately and from which they were moving on, Greitens repeatedly said.

While the governor had denied the blackmail allegations, he has never given a "yes" or "no" on the question of whether he photographed the woman.

The News-Leader has previously reported that St. Louis TV station KMOV broke the news of Greitens' affair admission and blackmail denial on Jan. 10, hours after the governor delivered his State of the State address. The ex-husband confronted the woman after learning of the affair and recorded her side of the story without her knowledge, the News-Leader has previously reported.

The News-Leader has determined the identities of the woman and her ex-husband but has not named them.

The encounter between Greitens and the woman, who knew him because she cut his hair, allegedly took place in the basement of the Greitens family home, where Greitens told her he was going to show her how to do a "proper pull-up."

The woman described how Greitens allegedly tied her to exercise equipment, blindfolded her, and pulled her pants down before photographing her. She told her ex-husband that she could see a camera flash through the material covering her eyes.

Gardner, a Democrat, noted that there is a three-year statute of limitations on the offense of invasion of privacy. The indictment comes about with about one month left before that time would have expired.

"As I have stated before, it is essential for residents of the City of St. Louis and our state to have confidence in their leaders," Gardner said in a statement. "They must know that the Office of the Circuit Attorney will hold public officials accountable in the same manner as any other resident of our city. Both parties and the people of St. Louis deserve a thorough investigation of these allegations.

"While I have committed to being as transparent as possible in this matter, we are limited in what we can discuss because it’s an ongoing investigation."

Online court documents indicate that Greitens was released on his own recognizance and is allowed free travel throughout the country. He was arrested by the St. Louis Metropolitan Police and has a hearing scheduled for March 16 in St. Louis, court documents say.

A document outlining Greitens' bond conditions notes that people charged with felonies are required to surrender licenses to carry concealed weapons. (The governor is a known proponent of the Second Amendment and firearms enthusiastic.) He was not required to put up any money to secure his release from police custody in St. Louis, according to the document.

Al Watkins, the attorney for the ex-husband, stressed that the man was not politically motivated and said his client had two choices: wait for damage to occur or try to mitigate the damage.

"He wanted nothing to do with this," Watkins said. "For almost two years, he was trying to actively suppress the story for the benefit of protecting his kids and the image of their mother in their eyes."

Watkins declined to comment on anything related to grand jury proceedings and added that it was important to be "respectful of the process, the victim and the criminally accused" and called the ability for a person accused of a crime to confront their accuser "the last bastion of greatness in our nation."

An attorney for the woman with whom Greitens had an affair could not immediately be reached for comment.

St. Louis has a standing grand jury, which operates in secret. Watkins had previously said that the ex-husband had been subpoenaed by the grand jury.

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Greitens had previously faced calls for him to resign. He has no intention of doing so, he said in a statement:

As I have said before, I made a personal mistake before I was Governor. 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.

House Republican leadership said an investigation was forthcoming in a statement from Speaker Todd Richardson (R-Poplar Bluff); Speaker Pro Tem Elijah Haahr (R-Springfield); and Majority Floor Leader Rob Vescovo (R-Jefferson County).

"We will carefully examine the facts contained in the indictment and answer the question as to whether or not the governor can lead our state while a felony case moves forward. The people of Missouri deserve no less," the GOP lawmakers said. "We will begin the process of tasking a group of legislators to investigate these serious charges."

The top Democrat in the Missouri House, Rep. Gail McCann Beatty, questioned whether the pending indictment would affect his ability to lead Missouri.

"It will be extremely difficult for the governor to effectively do his job with a felony indictment hanging over his head," said Beatty, D-Kansas City. "While the criminal justice system must run its course, the governor needs to consider whether remaining in office under these circumstances is the right thing to do for not only himself and his family but for the people of Missouri."

However, Beatty stopped short of calling for Greitens' resignation or for the House to start impeachment proceedings.

"The legislature needs to be extremely careful to avoid doing anything that might interfere with the criminal investigation," Beatty continued. "As a result, right now discussion of impeachment remains premature. However, that is always subject to change as the situation evolves."

Still, a St. Louis Democratic senator said she thought the time was ripe for impeachment, saying that Greitens "has to go."

"Missourians thought they voted for a person of character and integrity, and instead they got a liar and alleged criminal," said Sen. Jamilah Nasheed. "I am calling on the Honorable Speaker of the Missouri House of Representatives to immediately begin the impeachment process so that the people of Missouri can move forward."

The Missouri Constitution gives the governor the power to pardon people and commute sentences. However, that power does not include "treason and cases of impeachment," nor does the Missouri Constitution grant parole ability.

The top Senate Democrat, Sen. Gina Walsh, issued a statement that focused on the women affected by Greitens' affair.

"Right now, my thoughts are with the women and families whose lives are forever changed because of Eric Greitens’ behavior and actions,” said Walsh, D-Bellefontaine Neighbors. "Too often, women in our state and nation are subject to intimidation, threats and even violence at the hands of those in power. No more. It’s time our state takes a stand and ensures that women everywhere are able to seek the justice and equality they rightfully deserve."

Greitens was elected in November 2016, winning about 51 percent of the vote to defeat former Attorney General Chris Koster. As part of his campaign, Greitens touted family values.

Prior to the indictment, Greitens' office said the governor was scheduled to attend a Pentagon briefing Friday and was to be in Washington, D.C., for multiple events this weekend as part of the annual meeting of the National Governors Association. Greitens' official spokesman did not return a phone call Thursday evening.

News-Leader reporters Giacomo Bologna and Harrison Keegan contributed to this article.