Jury selection begins Thursday, and Burlison said he will reconsider if it becomes apparent that an impartial jury can not be seated. No Missouri governor has ever been forced out of office.
The backlash against Greitens, a onetime Republican Party rising star, grew after he was charged in a separate case with computer tampering.
Jury selection begins Thursday in Greitens' trial. Burlison noted that the woman never filed a police report and ruled the woman will be called by her name.
The woman, whose name has not been released, said that she became upset and that Greitens told her he deleted the picture. Her testimony is crucial because prosecutors confirmed Monday that they still have not obtained the photo she says Greitens took. They're expected to argue that taking such a photo with a cellphone involves transmission of the photo, from pixels to memory card, which is a felony. Greitens has acknowledged the affair but has refused to say whether he took the photo.
No word on when or exactly where the governor will arrive at court Thursday. Greitens was greeted with handshake and a hug from St. Louis Sheriff Vernon Betts and was flanked by his own security guards as he walked into the courthouse.
Greitens has cast himself as the victim of a "political witch hunt" in both cases, which were brought by Kim Gardner, the Democratic Circuit Attorney for the city of St. Louis.
Missouri Gov. Eric Greitens has arrived at a St. Louis courthouse for the first day of jury selection in his felony invasion of privacy trial. He wore a wedding band on his left ring finger, but there was no sign of his wife in or near the courthouse. At least five other defense lawyers also have been present. Chief Trial Assistant Robert Dierker again answered no.
The issue is among many last-minute details Judge Rex Burlison will consider at a hearing Wednesday afternoon. Each juror was to complete a questionnaire meant to find out each person's knowledge of the case. Six of the first 40 potential jurors were released because of hardships.
Jury selection is set to begin in Missouri Gov. Eric Greitens' felony invasion of privacy trial.
Monday it was revealed an additional $20,000 payment was sent to Al Watkins, the lawyer of the ex-husband of the woman at the center of the case.
One woman was dismissed after she said her opinion was not favorable to the governor, who she thinks is "not truthful".
Wrongdoing by the state's private investigator, William Don Tisaby, may also be introduced as needed in the case, the judge said. The defense has repeatedly accused Tisaby of perjury and prosecutors of misconduct.
The governor has denied the charges and said for more than a month that a jury of his peers will acquit him.
The judge in Missouri Gov. Eric Greitens' invasion of privacy case has not ruled on whether the sexual history of the woman who had an affair with Greitens is relevant for trial.