ST. LOUIS, MO. - Attorneys for Gov. Eric Greitens announced in a court filing that a grand jury has not been presented with evidence indicating that the governor transmitted a compromising cellphone photo of a woman with whom he had an affair with.
The photo is a key element in determining if he committed a felony.
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.
Prosecutors have opposed expediting the trial.
The court proceedings come after Greitens was indicted on fourth-degree invasion of privacy. Greitens admitted to the affair in 2015, before he was elected, but denies criminal wrongdoing.