IN THE CIRCUIT COURT FOR THE TWENTY-SECOND JUDICIAL CIRCUIT CITY OF ST. LOUIS STATE OF MISSOURI STATE OF MISSOURI, ) ) Plaintitt, ) } Cause No. 1822-CR00642 v ) ) ° ERIC GREITENS, ) ) Defendant. ) z DEFENDANT’S SUPPLEMENT TO SECOND, SUPPLEMENTAL REPLY IN SUPPORT OF THE MOTION TO DISMISS With apologies to the Court, the defense submits one more significant and compelling cause of prejudice resulting from the prosecutorial misconduct. As the Court knows, there is now a criminal investi jon of Mr. Tisaby and possibly Ms. Gardner related to the perjury by Tisaby, which no one is denying, and the participation in the lies and concealment by Ms. Gardner. If this case is not dismissed, then the defense will obviously need and be entitled to re- depose Mr. Tisaby. We need to know, what are facts and what is made up, how did he get debriefed by Ms. Gardner, how did he interact with the witnesses, what happened in the first ten minutes of the interview where there still is no audio, what was said to any witness not in the notes or on the tape, why were certain things suggested to witnesses during the interviews, and what interaction did he have with witnesses not documented? Bit, in all probability, Mr. Tisaby will be exercising his Fifth Amendment rights and refuse to testify. When that occurs, none of the above questions will ever be answered. The answers to the questions however are cr I to being able to defend this case. There is a reason why there were so many lies in this case. There is a reason sentences were removed frommemoranda. There is Mr. Tisaby refuses to testif¥, Dated: April 18, 2018 a reason they did not want the defense to see the video interview. And, if swe will never have the answers. Nothing could be more prejudicial, Respectfully submitted, Down BENNETT LLP By: 4/ James G. Martin. _ James F. Bennett, #46826 Edward L. Dowd, #28785 James G. Martin, #33586 Michelle Nasser, #68952 7733 Forsyth Blvd., Suite 1900 St. Louis, MO 63105 Phone: (314) 889-7300 Fax: (314) 863-2111 jbennett@dowdbennett.com ‘edowd@dowdbennett.com jmartin@dowdbennett.com mnasser@dowdbennett.com John F. Garvey, #35879 Carey Danis & Lowe £8235 Forsyth, Suite 1100 St. Louis, MO 63105 Phone: (314) 725-7700 Fax: (314) 678-3401 jgarvey@careydanis.com 1, Scott Rosenblum, #33390 Rosenblum Schwartz & Fry 120 S. Central Ave., Suite 130 Clayton, MO 63105 Phone: (314) 862-4332 nkettler@rsflawfirm.com Attorneys for DefendantCERTIFICAT OF SERVICE qi hereby certify that the foregoing was filed via the Court's electronic filing system and ‘was also sent via email to the St, Louis City Circuit Attorney's Office this 18" day of April, 2018. ; (s/_James G. Martin 2oO ° MISSOURI CIRCUIT COU, TWEN' TY-SECOND JUDICIAL FQ (City of St. Louis) APR T8 2618 an ub sinc vs a menial GREITEWS case no. [¥22- C0842 pivision 1e 41 & 1B COURT ORDER Exnikits AG eC YO SuppEmerTAL MEMonAN bu pF STATE TENDELED Fo ¢n cant Bren PEWMEW, ([Rpspearevtey SVEMIMEDY yer ACA 102-305 (Rev.2403)‘Cause No. Se IN THE STATE OF MISSOURI MISSOURI CIRCUIT COURT TWENTY-SECOND JUDICIAL CIRCUIT vs. (CITY OF ST. Louls) 20 Cause continued at the request of the to for the reason(s) that: WHEREFORE, the Court finds, for the above stated reason(8) that the ends of justice are served by granting the continuance and outweigh the best interests of the public and the defendant in a speedy trial. Defendant Judge Attorney for Defendant Assistant Circuit Attorney