Marilyn Mosby's trial delayed, judge keeps perjury charges as defense argues she is being "persecuted"

BALTIMORE -- The federal trial of Baltimore City state's attorney Marilyn Mosby will not begin as scheduled next week. Judge Lydia K. Griggsby said she ordered the postponement "with regret" after a dispute over expert witness testimony.

Federal prosecutors argued they needed more time to find a witness to rebut testimony from an expert Mosby's defense team planned to place on the stand. 

That witness was expected to testify Mosby's non-operational travel business suffered due to the pandemic. The government said they only recently learned of Mosby's expert witness. 

"There's just no realistic way to proceed," Judge Griggsby said. 

She noted her "disappointment" and said she did consider Mosby's right to a speedy trial before ruling. Judge Griggsby also said she wanted to give Mosby's defense time to respond to whatever expert the prosecution will use.

Marilyn Mosby's lead attorney A. Scott Bolden voiced his displeasure when WJZ Investigator Mike Hellgren asked for his reaction following the decision. 

"Now on the eve of trial, if not further persecution of Marilyn Mosby as a public official, they throw gasoline on an already troublesome prosecution, a prosecution of that is unprecedented where she is being charged with allegedly stealing her own money, allegedly lying to herself," Bolden said. 

Mosby is accused of committing perjury to illegally obtain a withdrawal from her retirement account. The government argues she lied on forms saying she had adversely been impacted by COVID-19 allowing her to take out money without penalty while she continued to work and earn a salary of hundreds of thousands of dollars a year. 

Prosecutors want to introduce Mosby's past statements including that she "has not taken a single client nor have I taken in any money" for Mahogany Elite travel. 

Mosby used the money she withdrew from her retirement fund to buy two vacation homes in Florida. Prosecutors allege she also lied on mortgage applications. 

In another ruling Wednesday, Judge Griggsby declined to dismiss perjury charges against Mosby. Her lawyers argued the government's requirements for an economic hardship withdrawal were vague and fought to throw out the charges. 

When the trial does begin, it is expected to last three weeks. 

The judge will hold a hearing Thursday at 2 p.m. to determine the next steps. 

"Let's not forget my client is innocent as we stand here," Bolden said. 

He added that Mosby's "life is at stake" and he believed she was being "persecuted" by the federal government.

Bolden also told the judge he believes this case is why she lost her bid for re-election.

Marilyn Mosby is expected to leave office in January. 

• Federal Bureau of Investigation
• Pandemic