BALTIMORE — The defense filed three motions in State Attorney Marilyn Mosby's pretrial hearing that were ultimately denied by Judge Griggsby Thursday afternoon.
The judge ruled, saying the superseding indictment laid out elaborate details in the case against State’s Attorney Mosby.
The motions were to request a hearing for a bill of particulars, to dismiss the indictment entirely or to disqualify the lead prosecutor Leo Wise in the case because of an alleged personal vendetta against Mosby.
Mosby's lawyer, Attorney A. Scott Bolden, alleged the entire case stemmed from “selective and vindictive prosecution” fueled by personal animus.
MORE: Superseding indictment filed against City State's Attorney Marilyn Mosby
He alleged the lead prosecutor's contributions to Mosby’s opponents for the States Attorney’s office supported their personal agenda against her.
The government said that’s just not true.
Mosby’s attorney argued that without that “genuine personal animus” this case wouldn’t have gone forward.
U.S. attorneys called that “another play in a political playbook.”
The judge defended her ruling, saying the defense didn’t show objective evidence that prosecutors acted in person animus and rejected all three motions.
WMAR-2 caught up with States Attorney Mosby and her legal team for their reaction to that ruling.
"I think we are more disappointed, than surprised," said Attorney Bolden. "The facts of this case, for a motion to dismiss, ought to be troubling to the U.S. Attorney and Department of Justice. These facts that were documented and truthful, while they may not have risen to the level for the court to dismiss the charges, they are problematic."
It doesn't affect my election," Mosby said. "I've been victorious every single time they have come for me. I will be victorious again. I've won every single time, State Ethics, State Board of Elections, suits, harassments. I've won every time and I will win this time."
Mosby was indicted on four charges.
The indictment states that Mosby falsely certified the following information on the form, which stated she had "experienced adverse financial consequences stemming from the virus or disease as a result of:
- being quarantined, furloughed or laid off
- having reduced work hours
- being unable to work due to lack of child care
- the closing or reduction of hours of a business i own or operate.
The indictment continues, stating that Mosby's gross salary for 2020 was $247,955.58 and was never reduced and than rather than experiencing a reduction in income in 2020, her gross salary in 2020 increased over her salary in 2019, which was $238,772.04.
On May 29, 2020, Mosby received an electronic transfer of $36,000 which the indictment says was used toward a down payment for a vacation home in Kissimmee, Florida that she purchased in September 2020.
Count two further addressed Mosby's federal tax debt and the Kissimmee Vacation home.
They charge that from around July 2020 to September 2020, Mosby knowingly made false statements or reports for the purpose of influencing in any way the action of Cardinal Financial Company, a mortgage lending business.
According to the indictment, Mosby certified the only liabilities she owed were those disclosed in the application, when in fact she knew she owed significant amounts in federal taxes, and that she was not presently delinquent "or in default on any Federal debt" when they say she was "delinquent in paying her federal taxes resulting in the IRS filing a $45,022 lien against her in March 2020.
They say she agreed that she would not give a management firm or any other person or entity control over the occupancy or use of the vacation home.
Further, the indictment charges that Mosby submitted a second COVID distribution request in December 2020, and requested a withdrawal of $50,000 from her retirement account. She then falsely certified the same information on the form as listed above.
Count four details the charge of a false statement on a loan application and states that she drafted a letter to be submitted by her loan broker to the mortgage company in December 2020.
They state that she falsely represented that she'd spent the past "70 days" living in Florida working remotely when she was not. They also state that from around January 2021 to February 2021, Mosby "knowingly made a false statement or report for the purpose of influencing the action of United Wholesale Mortgage."
This trial will go forward starting September 19th.
