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Judge appoints new prosecutor in perjury case against Greitens investigator

A St. Louis circuit judge has approved attorney Gerard Carmody’s motion to withdraw as the special prosecutor in the case of an ex-FBI agent charged with perjury and evidence tampering during the 2018 criminal investigation of former Missouri Gov. Eric Greitens. 

Johnson County Prosecutor Robert Russell will take Carmody’s place in the case of William Tisaby, who was hired to assist in the Greitens investigation by St. Louis Circuit Attorney Kim Gardner. 

Carmody cited the reason for his departure as having “other pressing matters.”

On June 14, 2019, Tisaby was indicted on six counts of felonious perjury and one count of tampering with evidence.

St. Louis Circuit Judge Bryan Hettenbach denied Tisaby’s attorneys’ motion to dismiss the case and sanction Carmody for allegedly not providing transcripts of the grand jury process and emails of legal opinions in a timely manner. 

The court ordered the city to pay Russell’s expenses, “including but not limited to mileage.” Russell’s office is in Warrensburg, just southeast of Kansas City.

Carmody has already received nearly $400,000 for his legal costs, and it’s unclear if there are more invoices on the way. 

Just before the order came down, Tisaby’s attorney Daniel Dailey submitted a letter to Hettenbach on June 28, alleging that Carmody threatened him last week after a hearing in the case.

Dailey had argued during the hearing that it was Tisaby who obtained a copy of a donor list for a charity Greitens founded that was at the center of the other felony charge Gardner brought against him in 2018. 

Dailey said that the list includes clients of Carmody’s law firm and that Tisaby can prove that the list is at the heart of why he was indicted.

“I know nothing about what this person is suggesting,” Carmody, who was visibly angry, told the judge.

After court had adjourned, Dailey suggested to Carmody that they talk. Carmody at first refused, The Independent witnessed, but then pointed his finger at Dailey and said, “Your day will come.” 

Dailey asked if he was threatening him, and Carmody said that he meant “Mr. Tisaby’s day in court” would come. 

The Independent requested comment from Carmody immediately after the incident, but Carmody declined. And Carmody couldn’t be reached for comment on Friday afternoon to respond to Dailey’s letter.

In Dailey’s letter, he told the judge it was clear Carmody was declaring that he “intends to take revenge upon me,” and that Dailey now fears for the safety of his staff and family.

He regularly travels to St. Louis for federal court cases, he said. As of Friday, Dailey said he had not received a response from Hettenbach.

A court spokesman said that if Hettenbach were to respond, it would appear on Case.net for the public to view. A response is not yet available on Case.net.

“Should this court decline to act,” Dailey wrote, “I will notify respective federal judges and request additional accommodations to ensure my safety during court-mandated appearances until State v. Tisaby has concluded.”

This article by Rebecca Rivas is published by permission of The Missouri Independent.

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