Prosecutors want to block jury from seeing Marilyn Mosby's divorce agreement at her upcoming mortgage fraud trial
BALTIMORE -- Marilyn Mosby's mortgage fraud trial is still on track to start next week.
The former Baltimore City State's Attorney was in court Friday for her final hearing before jury selection.
WJZ Investigator Mike Hellgren has been following the latest developments from a federal court in Greenbelt, Maryland.
NEW VIDEO: Marilyn Mosby enters court for her final hearing before her next trial for mortgage fraud. Past story: https://t.co/BHp3yeN2mP pic.twitter.com/OiZ3FIoZaO
— Mike Hellgren (@HellgrenWJZ) January 12, 2024
Marilyn Mosby had no comment as she walked into federal court on Friday afternoon.
The government alleges that the former Baltimore City State's Attorney lied on mortgage applications for two vacation homes in Florida.
Government officials say she agreed not to rent one of the properties but did so anyway and claim she failed to disclose a tax lien.
Both moves gave her a lower interest rate, and the government alleges they are examples of mortgage fraud.
Prosecutors objected to any mention of Marilyn Mosby's divorce settlement, where her ex-husband, Baltimore City Council President Nick Mosby, assumed responsibility for that tax lien. The government argued that it was recently signed and irrelevant because it was too far after the initial fraud took place.
"This court is overseeing a criminal trial. It's not back to the future," lead prosecutor Aaron Zelinsky told the judge.
The judge ruled she would decide whether jurors could see Marilyn Mosby's divorce settlement if and when it came up during the trial.
Another issue is the verdict form.
Former Baltimore City State’s Attorney Marilyn Mosby’s defense is proposing a more complex verdict form than the prosecution. You can see their proposal and that of Mosby’s public defender below. ⬇️ The prosecutor says the defense form would confuse the jury. @wjz pic.twitter.com/iQexSYD77b
— Mike Hellgren (@HellgrenWJZ) January 12, 2024
Prosecutors want a simple guilty or not guilty verdict on whether Marilyn Mosby committed mortgage fraud for each of her two vacation homes.
The defense proposes a much more complex verdict sheet asking jurors to check whether they unanimously agree about specific false statements if they find her guilty. Marilyn Mosby's attorneys say it will add clarity, while the defense says it's an attempt to confuse jurors.
The judge declined to rule at this point.
Nick Mosby is still a potential witness in the case as is Marilyn Mosby.
Marilyn Mosby's defense wants to include a question during the jury selection process that asks potential jurors if they would be able to consider the testimony of someone convicted of perjury.
Both sides are hashing out jury selection questions. Among them, would you be able to consider the testimony of a witness convicted of perjury. Mosby has already been convicted of perjury. It’s unclear yet whether she or her ex-husband Nick Mosby will testify here. @wjz pic.twitter.com/QkENabXPZH
— Mike Hellgren (@HellgrenWJZ) January 12, 2024
Marilyn Mosby was convicted of perjury last year for lying to take a penalty-free early withdrawal from her retirement account under a program designed to help people suffering financial difficulties because of COVID-19.
At the time, the was earning almost $250,000 a year as state's attorney.
Jury selection is set to begin in the mortgage fraud case on Tuesday morning. There is concern that snow in the forecast could cause delays.
There has been no discussion of any plea agreement.
Mosby will be sentenced for perjury after the conclusion of the mortgage fraud trial.