JEFFERSON CITY, Mo. (AP) —  An attorney for Missouri Gov. Eric Greitens says the latest court filing by the St. Louis prosecutor shows a “certain level of desperation.”

In a court filing Friday, Circuit Attorney Kim Gardner asked a judge to disqualify the Dowd Bennett law firm from Greitens’ criminal case, saying it simultaneously worked both for and against the state.

Greitens was indicted by a St. Louis grand jury last month on felony invasion of privacy. He is accused of taking a compromising photo of a woman with whom he was having an affair in 2015, without her permission.

Meanwhile, a lawsuit filed in December claimed Greitens’ use of the message-destroying phone app Confide violated the state’s open records laws.

Dowd Bennett represented Greitens in both cases until withdrawing from the Confide case earlier this month, after Attorney General Josh Hawley issued a report finding use of the app did not violate the law.

Dowd says his firm consulted with Hawley’s office in January to make sure there was no conflict of interest.

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