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Judge Denies Mosby Defense Motions To Dismiss Case, Remove Prosecutor

BALTIMORE (WJZ) -- A federal judge on Thursday ruled against all three motions made by Baltimore State's Attorney Marilyn Mosby's defense, which included motions to dismiss her indictment and to remove a certain prosecutor from the case.

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.

Mosby's lawyers claim Assistant U.S. Attorney Leo Wise and United States Attorney for Maryland Erek Barron both have biases against Mosby. Her defense made a motion for Wise — who made donations to Mosby's top challengers in the 2018 election cycle -- to be removed from the case.

"If it were a storybook, it'd be called 'Selective and Vindictive Prosecution' and the author of that storybook would be the [United States] government in this case," said Mosby's attorney A. Scott Bolden in a motion hearing Thursday.

Wise replied that he in no way influenced the indictment.

"The one thing I'll agree with Mr. Bolden on is he told a story…I'm a line prosecutor," he said. "I'm one of three on this case. I work for the federal government. I could no more decide to prosecute someone than I could authorize airstrikes in Russia."

Besides seeking Wise's removal, Mosby's defense 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. The motion was denied.

Mosby has maintained her innocence in the case. She said she didn't expect for the motions to be granted Thursday.

We did not expect to prevail, however, I look forward to my day in court," Mosby said outside the federal district courthouse after the hearings. "It doesn't affect my election at all. I've been victorious every single time they've come for me. I'll be victorious again."

The trial will be held in September at the request of the defense after the judge found "good cause." Mosby's team originally repeatedly called for her trial to start as soon as possible. They said it was critical for the case to be over before the primary election and called the case a "political witch hunt."

Wise compared Mosby's assertion that the case was a "witch hunt" to former President Donald Trump and former Baltimore Mayor Catherine Pugh.

Bolden told the judge the defense plans on calling 10 witnesses at the trial to prove Mosby faced financial hardship and did not lie to withdraw money from her retirement account.

Mosby this week also announced her reelection bid to remain Baltimore's top prosecutor. She officially filed for reelection Thursday.

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