ST. LOUIS – The law firm representing Governor Eric Greitens in an invasion of privacy charge brought by a grand jury is raising questions about the circuit attorney's use of a private investigation firm in court documents filed Tuesday.
In a request for discovery filed by the governor's lawyer, James F. Bennett, Bennett expressed concern with the use of a private investigation firm and questions whether the grand jury was properly instructed on the invasion of privacy law.
The private investigation firm — Enterra, LLC — was hired by Circuit Attorney Kimberly Gardner's office to conduct the investigation, court documents show. Enterra's website said the company is based out of Rochester Hill, Michigan.
Among the concerns raised by Bennett are the price for Enterra's services — $250 per day for each person working the case and "all reasonable expenses incurred in the course of its work" — the firm's license to act as a private investigator in Missouri and the defense's right to communications between the circuit attorney's office and the firm. The court documents said the $250 per day is more than eight times the pay for a St. Louis Metropolitan Police Department investigator.
"There is grave concern that the Circuit Attorney's avoidance of using the SLMPD and instead using a private investigator from Michigan to carry out her investigation has and will impact the admissibility of evidence in this case," Bennett said in the request.
Susan Ryan, a spokeswoman for the circuit attorney's office, said they have followed all statutory obligations in hiring Enterra to assist with the case and will comply with all discovery laws.
She also said use of an outside law firm is not unusual.
"We asked the [St. Louis Metropolitan] Police Department to help us and they actually said they believed this was better suited for the FBI, and we asked the FBI and U.S. Attorney and they said it was not in their jurisdiction," Ryan said. "So we hired an outside and independent investigator to help us with this case."
Ryan said the cost of the private firm will be comparable to paying experienced investigators with the St. Louis police department when overtime, benefits, and other expenses are factored-in.
“We believe this is a very important issue to spend money on and it will not cost taxpayers any additional funds,” said Ryan. “We will do this within the budget.”
In addition to issues raised about the investigation firm, they also questioned the grand jury's knowledge of the invasion of privacy law. In a motion to dismiss filed by Greiten's lawyers, they argued the law did not pertain to this case.
Future court dates could be set in a hearing on Wednesday.
On Monday, House Speaker Todd Richardson announced the formation of a committee to investigate the governor. This committee would have subpoena power, meaning it can ask people to come in and testify. It is responsible for the investigation into Greiten's alleged invasion of privacy.
"This committees' task is going to be to investigate the facts," said Jay Barnes, a Republican representing District 60. He is the appointed leader of the investigative committee. "We're going to do so in a way that is fair, thorough, and timely and we're going to do it without any pre-ordained results," he said at a news conference Monday afternoon.
In a press conference immediately following Richardson's announcement, Shamed Dogan — a Republican member of the Missouri House of Representatives — announced "about a dozen" of his Republican colleagues in the Missouri House of Representatives have signed a letter asking Gov. Eric Greitens to resign.
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