Marilyn Mosby faces high-stakes decision: Whether to testify in her own perjury trial

BALTIMORE - The prosecution rested its case against former Baltimore City State's Attorney Marilyn Mosby after less than two days of testimony and calling just three witnesses. 

They included a forensic accountant with the FBI who reviewed Mosby's financial records in detail.

The defense filed a motion to acquit, and the judge denied it. 

The defense began with witness Shelonda Stokes, president of the Downtown Partnership. 

She spoke about the two of them discussing creating a retreat and travel business after a trip together to Jamaica. "The idea was to monetize the experience we felt. We wanted to create something that was for women like us," Stokes testified. 

Stokes said, "When we came home, she started the business without me."

Mosby's lawyer cross-examined the FBI's forensic accountant Jenna Bender. It followed extensive testimony about the former Baltimore City state's attorney's finances.

Mosby claims she was allowed to take the withdrawals because she lost money in her travel business, Mahogany Elite. But prosecutors said the business was not operational and did not have a single client  

The government alleges Mosby committed perjury when she took COVID-related hardship withdrawals from her retirement account for her travel business, Mahogany Elite. Prosecutors said she had no adverse impact from the pandemic that would legally allow such withdrawals.

Mosby claims she was allowed to take the withdrawals because she lost money in that business. But prosecutors said the business was not operational and did not have a single client  

She used the money for down payments on two vacation homes in Florida. 

Mosby has yet to decide whether she will testify in her defense.

Late Tuesday, the defense said they had presented all other witnesses, and Judge Lydia K. Griggsby gave them until Wednesday morning to make that decision. 

If Mosby does take the stand, it could be risky. The lead prosecutor said in court he would ask her about her tax deductions and a past contempt violation.

"The defense is always looking for reasonable doubt, and if they believe they have sufficient reasonable doubt, there's not going to be any need for Ms. Mosby to testify. Of course, that's Ms. Mosby's decision," said University of Maryland law Professor Doug Colbert. "It may not be necessary, but that's going to be a decision that she will make with her lawyers."

After all testimony, both sides will make their final pitches during closing arguments before the jury is read instructions and can begin deliberating.  

The court made public the exhibits the government presented in court, which include financial documents related to Mahogany Elite and various expenses Mosby claimed as deductions for the business. You can see the documents here.

The court also played recordings of Mosby with customer service representatives of her retirement plan as she asked about taking out money to buy homes. 

The government may conclude its case on Tuesday. 

Mosby is expected to testify in her own defense. Another potential witness is Zy Richardson, Mosby's former communications director, who helped her coordinate a media response to questions about her travel business. 

Mosby served two terms as state's attorney before losing her re-election and leaving office in early January 2023.

Leaving court Monday, Mosby told reporters she was "blessed." 

WJZ will continue to provide updates on the ongoing trial.