A jury will hear the criminal case against Governor Eric Greitens in May.
Greitens was indicted in February on a felony invasion of privacy charge for reportedly taking an unauthorized photo of a woman he had an affair with in 2015.
The governor's lawyer asked for a bench trial but was denied.
However, that's not the only request Greiten's legal team made. His lawyers say the charges should be dismissed because the prosecutor never proved a photo was sent.
After the hearing Monday, the judge says he will decide whether the case will be dismissed.
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