BALTIMORE — Baltimore's top prosecutor is once again trying to have her federal criminal case dismissed.
Late Wednesday night, lawyers for Baltimore City State's Attorney Marilyn Mosby asked Federal District Court Judge Lydia Kay Griggsby to dismiss two perjury counts in her superseding indictment.
Mosby's team alleges that prosecutors used an incorrect legal standard as the basis for counts 1 and 3.
"The Superseding Indictment is defective as a matter of law because it does not sufficiently allege that the matter or statements [Mosby] certified as true were material, a required element for a perjury offense," Mosby's lawyers wrote.
The defense also claims that the grand jury may have received improper "misleading and prejudicial" instructions.
It's not the first time Mosby's lawyers have filed motions to get the cased tossed.
They've even tried getting the lead prosecutor removed from the case, but all attempts thus far have failed.
Prosecutors say Mosby twice lied in 2020 when she claimed COVID-19 related financial hardships and failed to disclose thousands owed to the IRS, in order to withdraw a combined $90,000 from her City Deferred Compensation Plan.
Mosby then bought two homes in Florida for a combined $918,900.
Her trial is scheduled to start September 19.