Marilyn Mosby will not serve prison time for perjury, mortgage fraud convictions

BALTIMORE -- Former Baltimore City State's Attorney Marilyn Mosby will not serve time in prison for perjury and mortgage fraud, a judge ruled Thursday.

Instead, she was sentenced to three years of supervised release and 12 months of home confinement.

A judge ruled she would have to forfeit her Florida condo and 90% of the proceeds. She decided on 90% because Mosby put 10% down to secure the mortgage. 

Her supporters cheered Judge Lydia K. Griggsby's decision to spare Mosby time behind bars as did Mosby herself.

"I just want to say from the bottom of my heart. Thank you. Thank you for the fight," an emotional Mosby told supporters. "Thank you for the federal public defender team who so eloquently advocated on my behalf… I swear God sent angels into my life."

Mosby and her public defenders said she will appeal both verdicts. She has pushed nationally in recent weeks for a presidential pardon and maintained her innocence despite her convictions. 

"This is not over, but God was here today," Mosby said. "He touched the heart of this judge and has allowed me to go home to my babies."

Her daughters also addressed the crowd, thanking them, and Mosby's oldest daughter said she was inspired to be a prosecutor herself. 

Before her sentencing, the judge addressed Mosby directly.

"There is no indication you abused your office," the judge said. "The conduct is not violent. Most significantly is you are a mother to two daughters."  

The judge added that this was a "sad and difficult day."

"It's sad for Mosby and her family. "It's also a sad day for the city of Baltimore. The court knows you live in the city of Baltimore," the judge said.  

Mosby walked past a busload of supporters and applause as she approached the courthouse in Greenbelt, Maryland. Those supporters proceeded to pray in a circle outside.

Mosby faced a possible sentence of up to 40 years behind bars. Prosecutors were recommending 20 months, saying that Mosby committed perjury when she testified at her last trial.

She maintained that she did nothing wrong, and was targeted by prosecutors for her progressive stances.  She's doubled down on that stance in her national campaign for a presidential pardon.

Marilyn Mosby was first indicted in January 2022 and pushed for two separate trials. 

The first jury found her guilty of perjury for lying to make withdrawals from a retirement account. 

The second jury found she committed mortgage fraud for lying on documents about a $5,000 gift her then-husband, Baltimore City Council President Nick Mosby, gave her to close on a mortgage for a Florida vacation home.     

Mosby had high-profile support from former St. Louis prosecutor Kim Gardner and civil rights attorney Ben Crump. 

"The people united will never be defeated," Crump said as he held Mosby's hand outside the courthouse. He has alleged she was targeted for her progressive political stances, which the government vehemently denies. 

"What is different here today is underneath that white collar is the neck of a Black woman who dared to challenge the status quo," Crump told the judge.

U.S. Attorney Erek Barron's office said, "Ms. Mosby's unremorseful and unrepentant actions belie any contrition, recognition, or deterrence." 

The government had asked for a 20-month sentence. 

Federal prosecutors repeatedly told the judge Mosby has lied and tried to undermine the justice system.

"Marilyn Mosby is unremorseful and has no regard for the truth," Assistant U.S. Attorney Sean Delaney said in court. "She does not have the freedom to escape the consequences of her words—saying one thing to the court and another thing to the American public."

Among those watching the proceedings were Keith Davis Junior and his wife Kelly. Mosby repeatedly brought Keith to trial for murder before the charges were dropped by her successor Ivan Bates.

"The tables have definitely turned. I actually do not get any satisfaction sitting back and watching her go through this," Keith Davis said. 

"Her arrogance is extraordinary, and it's amazing to me… She's not a victim of the system because she was the system," Kelly Davis said. 

Both, however, said Mosby should not have had to serve time behind bars. 

Mosby's lawyers have asked for a stay on the sale of her Florida property. The Biden administration has not issued a formal response to her request for a presidential pardon. 

Mosby will also have to perform 100 hours of community service. 

She was twice elected as Baltimore's top prosecutor and made national headlines for her ultimately unsuccessful prosecution of officers after the death of Freddie Gray.

Michael Schatzow, who led those prosecutions in Mosby's office, asked Judge Griggsby for mercy and a lenient sentence for Mosby Thursday, citing her efforts to reform the justice system in Baltimore.