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Mosby attorneys argue they shouldn't be held in contempt, prosecutors allege repeated court rule violations

 Feds ask for gag order after Mosby attorney calls trial delay bull sh*t
Posted at 10:04 AM, Oct 12, 2022
and last updated 2023-01-12 12:32:12-05

BALTIMORE — Prosecutors and defense attorneys for Marilyn Mosby are back at it again in federal court.

This time on whether Mosby's attorneys should be held in contempt of court over publicly available motions they filed regarding the case.

Mosby's team was given until October 7 to "show cause" as to why they should not be held in contempt.

At issue is a response to prosecutors' motion for a partial gag order leading up to Mosby's trial in March.

In opposing that request, Mosby's defense council made light of how some potential jurors answered questionnaires about the case, alleging some have already made up their minds on whether Mosby is guilty or not. In that same filing, lead attorney A. Scott Bolden even made reference to the assigned numbers of potential jurors.

The response led judge Lydia Kay Griggsby to strike the motion from the court record, and rebuke the defense for mentioning confidential juror information that she said was not subject to public record.

RELATED:Judge indicates Mosby's defense team could be held in contempt over juror remarks

As ordered by Griggsby, Mosby's team responded to the contempt threat on October 7, stating such action wouldn't be "warranted."

They denied violating any court rules, claiming the use of anonymous quotes from juror questionnaires did not create a "reasonable likelihood" of interference "with a fair trial," arguing that jury selection was still months away.

Instead the team defended their response and blamed prosecutors for being the ones who initially released information about the juror questionnaire as they sought the gag order.

Prosecutors on Tuesday fired back in their own filing, accusing Mosby's lawyers of "repeatedly and flagrantly" violating court rules since the beginning of the case.

The government in their response cited past remarks Bolden made to news outlets, in which he continuously attacked one of the lead prosecutors in the case by name, alleging political and racial animus towards Mosby. The judge has found no evidence to support Bolden's claims.

MORE: Mosby's attorneys ask judge to toss perjury charges and remove lead prosecutor from case

Prosecutors also argued that "it is not the government’s job to decide if a defendant receives positive or negative press."

Bolden has often placed blame on prosecutors for negative press coverage of Mosby, arguing "the jury pool in Baltimore is likely irreparably biased," because of it. But prosecutors say it's Bolden who is the one tainting the pool of potential jurors.

"This media barrage culminated in a press conference on the court steps, where [Bolden] declared that government arguments were “bullsh*t," prosecutors wrote in their latest filing. "The next day, in the same spot, he told the press that he regretted nothing that he said the day before."

SEE ALSO: Feds ask for gag order after Mosby attorney calls trial delay bull sh*t

It's unclear when Griggsby will rule on the government's request for a gag order, and whether or not the defense will be held in contempt.