SAINT LOUIS, MO (KMOX) - St. Louis Circuit Attorney Kim Gardner's former investigator during the Eric Greiten's sex case makes a plea bargain deal on the eve of his trial. In a voice cracked with emotion, William Don Tisaby pleaded guilty to one misdemeanor count of hiding evidence in the Greitens case, and the state dropping the six perjury counts against him.
Tisaby's Attorney Jermaine Wooten says the evidence hiding was an honest mistake. "He just went into that deposition really just not prepared. That's what it was. There was no malice in this man's heart. Q: Did any instruct him to conceal the documents? No one instructed him to conceal anything."
Special Prosecutor Robert Russell says he believes Tisaby's hiding evidence was not an oversight, but a conscious decision. "I think the mental element is purposeful and not negligent. And purposeful means it's what he intended to do. Negligent is just a mistake."
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While Tisaby walks away with probation, Circuit Attorney Kim Gardner now faces an ethics hearing next month before the Missouri Supreme Court, where she'll face questions about whether she knew Tisaby was hiding evidence, and why she didn't do anything to stop him.
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