Attorney for Greitens: "There's no picture. There's no evidence."

(KCTV5)

The lawyer for Missouri Gov. Eric Greitens is calling for St. Louis Circuit attorney Kim Gardner to drop her case against his client.

Speaking to KCTV5, attorney Ed Dowd said Gardner made a mistake in charging the case.

"I think Kim Gardner made a mistake in charging this case before knowing enough of the facts," Dowd said. "It's not unusual. A lot of prosecutors make mistakes. I'm hoping she looks at the deposition before moving forward with this case."

Greitens is charged with felony invasion of privacy, with the case hanging on a photo he is accused of taking of his former mistress.

The prosecution has yet to find the photo and the defense says they won't because it does not exist.

Court documents from the former mistress' deposition say she could not testify under oath that she saw a device or camera.

Dowd says the lack of a picture, in his eyes, means there is no evidence.

"There's no picture. There's no evidence. There's no one even saying there's a picture. The case is about a picture. There's no picture and no one is even saying they saw one, including the alleged victim."

A report from the Missouri House of Representatives' special committee investigating Greitens could be released later this week.

The original release date was scheduled for Tuesday.

Dowd says he does not know what the committee will decide.

"I don’t know what the House has actually decided," Dowd said. "I hope they’ll decide to let the criminal case play out. It’s only 4-5 weeks away...and then do whatever they need to do."

The trial date for Greitens' case is scheduled for May 14.

Lawyers for the woman say the governor is letting his team of attorneys "attack" his client by "mischaracterizing her deposition testimony" instead of taking responsibility for his own actions.

Copyright 2018 KCTV (Meredith Corp.). All rights reserved.

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