St. Louis, MO  (KTRS)  St. Louis Circuit Judge Rex Burlison is considering a request to disqualify St. Louis Prosecutors in the computer data tampering case against Governor Eric Greitens.

During a Tuesday afternoon hearing, the Governor’s defense team argued that the special investigator, William Don Tisaby, who was hired by the Circuit Attorney lied repeatedly in the felony invasion of privacy case, all under Kim Gardner’s watch. The defense claims this has tainted Gardner’s ability to prosecute the newer felony case.

Defense Attorney Jack Garvey called Tisaby’s actions “an embarrassment” and said he’s had direct involvement in the computer data tampering investigation.

“The actions of the first case have permeated and corroded the second case,” Garvey said.

Ultimately, the defense wants a special prosecutor assigned to the case.The prosecution argued that Tisaby’s involvement in the computer data tampering case has been minimal.

The judge made no ruling, but told attorneys to submit a list to him of potential special prosecutors.

Meanwhile, Tisaby is scheduled to give a deposition on Thursday after his no show on Monday. When asked if he was going be there, a spokesperson for the Circuit Attorney’s Office, said “That’s our plan.”