Schron Jackson, a police spokeswoman, said in an email Tuesday to the St. Louis Post-Dispatch that the department would open an investigation after officers met with Greitens' defense lawyers Ed Dowd and Scott Rosenblum.
Prosecutors dropped a felony invasion-of-privacy charge against Greitens on Monday after a court ruled that Gardner had to answer questions under oath from Greitens' attorneys.
Republican legislative leaders affirmed that a monthlong special session focused exclusively on allegations against Greitens will convene Friday as scheduled.
The House leaders say the dropped case now means Greitens can testify before the House committee, which he so far has not done.
Greitens took to the courthouse steps to declare his "great victory".
In addition, Greiten's lawyers have also accused Gardner's office of continually mishandling the case and accused her of misconduct.
"Above all, I am sorry for the pain that this process and my actions have caused my family, my friends, and the people of Missouri", Greitens continued.
"Today, the prosecutor dropped the false charges against me", he wrote.
St. Louis prosecutors on Monday dismissed the criminal invasion of privacy charge against Missouri Governor Eric Greitens before his trial got underway but said they would refile the case, which grew out of a sex scandal involving the governor.
Greitens has previously admitted that he had an affair with his hair stylist, but has denied past allegations that he tied the woman up with her consent, photographed her without her consent, and threatened to release the photo if she disclosed the affair.
In a biting statement, Gardner's office said that the judge's ruling put her in an "impossible position" in which she would be subject to cross-examination by her own subordinates. "Therefore, the court has left the circuit Attorney with no other legal option than to dismiss and refile this matter".
Sullivan cited the fact that Greitens' defense attorneys planned to call the St. Louis circuit attorney, whose handling of the case has been under constant criticism by Greitens attorneys.
Over the last few months of pretrial hearings, the defense team has stated that Gardner allowed former special prosecutor William Don Tisaby to commit perjury. Jurors aren't required to know nothing about the allegations against Greitens.
Missouri Gov. Eric Greitens no longer faces a felony charge of privacy invasion for allegedly taking a nude photo of his one-time mistress without her knowledge.
On Tuesday, a House investigatory committee chose to call Greitens policy director Will Scharf as a witness.
A dropped charge leaves him "better off because he can claim some victory", Robertson said. The defense argued that Gardner was aware that one of her investigators had committed perjury and mishandled key aspects of their investigation.
Tisaby said in a sworn statement that he didn't take notes during his interviews but was caught on video taking notes. He pointed out that only two of the 35 witnesses interviewed by Tisaby in Missouri were related to the invasion of privacy case, while the rest were involved in the computer tampering case.
The House panel issued subpoenas after a Greitens' campaign attorney complained the panel hadn't sought its input before releasing a report about Greitens' political use of a charity donor list.
"22nd Circuit Judge Rex Burlison made an unpreceded decision by granting a request by Governor Greitens' defense team to endorse the Circuit Attorney as a witness for the defense", the statement said. Under the relevant Missouri felony statute, they needed to prove that Greitens transmitted the nude photo in a way that would make it accessible via computer.
Ronald Sullivan, the prosecution's special prosecutor did not dispute the claim when asked for a response by Burlison.
Jury selection began on Thursday. Opening arguments had been expected to begin Monday, May 14.