JEFFERSON CITY, Mo. (AP) — It will be up to a special prosecutor if the invasion-of-privacy case against Missouri Gov. Eric Greitens will move forward.
St. Louis Circuit Judge Rex Burlison on Monday agreed with a request from the city circuit attorney's office to recuse itself from the case.
Susan Ryan, a spokeswoman for the circuit attorney's office, says that means that a special prosecutor will decide if the charge would be refiled.
The Republican governor was indicted by a grand jury in February. He is accused of taking a compromising and unauthorized photo of a woman during an affair in 2015. The charge was dismissed May 14 during jury selection after the court said it would allow Greitens' lawyers to question Circuit Attorney Kim Gardner under oath.
Gardner said it would have been improper for her to be a witness in a trial her office was prosecuting. Greitens also faces a second charge in St. Louis accusing him of misusing a charity donor list for his gubernatorial campaign.
And, the state Legislature is meeting in special session to consider impeachment.
