Judge won't force Marilyn Mosby's former attorneys to testify about Nick Mosby's "inconsistencies"
BALTIMORE - Marilyn Mosby arrived at court Tuesday where her lawyers are presenting the final witnesses in her defense of mortgage fraud charges.
Before testimony resumed, the judge had to decide whether Marilyn Mosby's former attorneys with the Reed Smith law firm would be compelled to testify as rebuttal witnesses for the prosecution.
The prosecution said they want to "impeach" Nick Mosby, the Baltimore City Council President and Marilyn Mosby's ex-husband. They believe he made several "inconsistent statements" when he testified for the defense.
While he was on the stand, the government presented Mr. Mosby with notes from his past interviews with the Reed Smith lawyers. He called the notes inaccurate and repeatedly said he "did not recall" what he told them.
The government sent the FBI to Los Angeles and Chicago to serve the lawyers with subpoenas.
Judge Lydia K. Griggsby ruled she wants prosecutors and the defense to "work out" a stipulation so Reed Smith lawyers do not have to testify about what Nick Mosby told them.
She will not compel the Reed Smith attorneys to take the witness stand. Certain statements Nick Mosby made to his ex-wife's former legal team could still be introduced.
Prosecutors also revealed during court on Monday that Nick Mosby "perjured" himself regarding his tax returns.
They said the Baltimore City Council President had his wages garnished because of unpaid student loans, his car repossessed and was behind on his mortgage—yet still managed to donate tens of thousands of dollars to charity according to his tax returns.
A forensic accountant for the government found there is no way that is possible, according to prosecutors.
Another issue the defense raised Tuesday is whether the "white noise" in the courtroom was effective. They said people in the courtroom heard words like "perjury" that were supposed to be hidden from the jurors.
Mosby's public defender Jim Wyda wants the jurors to be individually questioned about what they heard.
Prosecutors objected and said that "would create a circus."
The judge declined to rule at this time.
The judge also noted alternate juror number two would be dismissed due to a death in the family.
The prosecution declined to cross examine Gilbert Bennett, Mosby's mortgage broker in Florida, who testified Monday.
The defense has pushed to introduce texts between Bennett and Marilyn Mosby that show her "state of mind."
Back in November, Mosby was convicted on two counts of perjury.
The judge ruled that Mosby won't be sentenced for either case until the completion of the mortgage fraud trial.
