Watch CBS News

Mosby Doubles Down On Defense In Support Of Her Motion To Dismiss

BALTIMORE (WJZ) -- Baltimore State's Attorney Marilyn Mosby's defense has doubled down on claims the prosecution in her federal indictment is vindictive, and that the case should be thrown out.

In an omnibus reply filed Friday, Mosby's defense said if the federal government does not dismiss the case, one prosecutor, in particular, should be disqualified from the prosecution.

Mosby has maintained her innocence and insists she is the target of Assistant U.S. Attorney Leo Wise -- who made donations to Mosby's top challengers in the 2018 election cycle -- and former acting U.S. Attorney Stephen Schenning.

In the Friday filing, Mosby's defense called for Wise to be disqualified from the case if it isn't dismissed, and her team also called for a bill of particulars -- a request of details from prosecutors.

Mosby's lawyers have described the case as the "culmination of a long-running crusade to ruin the political career of a young, progressive, Black, female elected official, led by a prosecutor who has repeatedly made financial contributions to the campaigns of her political opponents."

Prosecutors ridiculed the idea that the indictment is personal and vindictive.

Federal prosecutors said earlier this month Mosby's defense is "meritless" and her arguments are "disingenuous," but Mosby's lawyers said Friday she has satisfied her burden of proof to show "a reasonable likelihood of prosecutorial vindictiveness."

The Friday filing also claims that the fact that the prosecution team has not met with Mosby expressly to discuss any alleged wrongdoing reinforces the existence of hostility toward her.

In addition to requesting that Wise be kicked from the case if it does go forward, Mosby has requested a "bill of particulars" from the prosecution detailing exactly how Mosby lied on mortgage applications and lied to withdraw money from her retirement account, among other things.

A grand jury indicted Mosby in January on four felony counts including charges of perjury and making false statements. Federal prosecutors allege she lied about suffering COVID-19 hardships to withdraw money without penalty from her retirement account and falsified information on loan applications for vacation homes in Florida.

In a superseding indictment filed earlier this month, federal prosecutors added new details to the allegations she lied on loan applications to purchase two vacation homes in Florida.

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.