Marilyn Mosby Pushes For Quick Trial Before Her Next Election; Jurors Could Come From Outside Baltimore City
BALTIMORE (WJZ) -- The lawyer for Baltimore City State's Attorney Marilyn Mosby, who faces four felony charges, wants any trial against her to be over before her next election in June.
So how fast can the court move? WJZ Investigator Mike Hellgren has new analysis and an update from the U.S. Attorney bringing the high-profile case.
Both Mosby and her attorney A. Scott Bolden have been visible in proclaiming her innocence, a rare move by most defendants under federal indictment.
While U.S. Attorney Erek Barron will not comment on open investigations, including Mosby's, Hellgren reports he defended the integrity of his office. Barron said he "will follow the evidence wherever it leads" in any investigation.
Mosby faces charges including perjury and making false statements on her mortgage applications.
Her attorney said there was nothing wrong with Mosby taking a Covid-19 hardship withdrawal from her retirement account to invest in Florida vacation homes. He claimed her Mahogany Elite travel businesses were impacted, despite Mosby previously stating she never made a dime from them.
"I'm telling you she's not only innocent but we have professionals she consulted with and she qualifies on one of those under the statute," Bolden said Monday.
Adam Ruther, a defense attorney with Rosenberg, Martin, Greenberg who is unaffiliated with the case, said coronavirus relief violations are largely untested in federal court.
"That may better provide a line of defense for Ms. Mosby's team than we would see in other areas of the law where there have been many other prosecutions," Ruther told Hellgren. "Exactly how much of a financial hardship would she have to establish? If she lost a single dollar is that enough?
Mosby's team also wants a fast trial that will not overlap with her next primary election.
"Oh, we're pushing for trial in 70 days," Bolden said. "Because we don't want this to affect the political outcome of this race and so we're going to try to get a trial as soon as possible."
Ruther called that potential timeline "certainly possible. It's also not unheard of. Is it unusual? Yes. Usually federal cases take much longer to get to trial. …Ms. Mosby has an enormous amount to lose and it seems to benefit her to try to get this case done and a final resolution as quickly as possible."
He also noted the potential impact of the pandemic on a trial date. "If she wants a jury trial, the practical question of whether the court is in a position to do that with covid going on is another question," Ruther said.
As for any potential jury, Ruther told WJZ jurors will likely not be made up solely of Mosby's constituents in Baltimore City.
"If the case were a state case brought in the Circuit Court for Baltimore City, the jurors would just be pulled from Baltimore City, but because it's a federal case, the jurors come from all over the state of Maryland. And that definitely factors into the way you try a case."
An initial court appearance for Mosby has not yet been set.
