Jury deliberating in Marilyn Mosby's mortgage fraud trial; supporters pray outside court

BALTIMORE -- The jury is deliberating in Marilyn Mosby's federal mortgage trial in Greenbelt, Maryland.

Jurors were given the case after the judge read instructions on Monday following closing arguments.

They will resume deliberating on Tuesday morning.

Mosby, the former Baltimore City State's Attorney, entered federal court flanked by supporters who arrived by bus. 

They held a prayer circle in front of the courthouse ahead of closing arguments in Mosby's federal trial. 

Mosby is accused of lying on mortgage applications for two vacation homes in Florida to get lower interest rates.

Prosecutors alleged Mosby made 11 lies, including about a federal tax lien she blames on her ex-husband, Baltimore City Council President Nick Mosby. They also allege Mosby lied about a $5,000 gift her ex-husband gave her to provide enough cash for closing on one of the properties. They allege Marilyn Mosby inappropriately funded the money herself.

Prosecutors also said Mosby rented out a property even though she signed a second home rider prohibiting her from doing so. 

"This is a case about lies and responsibility. The evidence presented in this courtroom shows Marilyn Mosby lied over and over again. The defendant blames everyone but herself," Assistant U.S. Attorney Aaron Zelinsky said. 

Zelinsky walked jurors through each alleged lie and why Mosby herself is responsible.

"Ms. Mosby knew she had a tax debt. She carefully reviewed her forms. …These are Marilyn Mosby's lies. Don't let her try to blame someone else," Zelinsky said. 

He said Mosby made no mistakes. "She wanted a lower interest rate."

Zelinsky referred to Mosby as an educated and meticulous lawyer. 

"Do you know what prosecutors know a lot about? Fraud. …You don't lie when placing your signature on documents."

Zelinsky questioned why Mosby ever believed her then-husband who "had one of the worst credit scores in America" about taking care of the federal tax lien. He noted Mr. Mosby got his car repossessed and was not able to keep up with his Baltimore mortgage.

"She's not credible because her story makes no sense. For starters, it's wildly unbelievable."

Zelinsky also brought up her perjury conviction in attacking Mosby's credibility. 

"There are plenty of reasons not to believe Ms. Mosby. She is a convicted federal perjurer," the government told the jury. "She was convicted in this courthouse three months ago."

"She couldn't even testify on the stand to the basic facts of her own perjury conviction," Zelinsky said. "We ask you to return a verdict of guilty on all counts."

Mosby's defense attorney Maggie Grace told jurors the case is not just about documents.

"The reality is life is messy and complicated, but complicated does not mean criminal. This case is not about Mosby placing blame," Grace told the jury. 

She said "no crime" had been committed.  "You cannot convict Ms. Mosby if you believe she made a false statement inadvertently."

Mosby's defense attorney talked about her love for her husband and the "bonds of trust" that were "broken." 

She said Mr. Mosby's lies were "wrong but human" as he feared she would leave him if she found out the extent of his financial issues.

Grace addressed Nick Mosby's testimony. "He risked his entire political, personal and professional future to tell the truth."

"There's no blame shifting here,"

Mosby's attorney said as she placed the  names of mortgage brokers and Marilyn Mosby's real estate agent on the screen for jurors. 

"Marilyn Mosby was honest and truthful on mortgage documents. She operated in good faith," Maggie Grace said.

Grace noted, "She has allowed the messiness of her life to be put on full display in this courtroom. Why? Because it matters, because it is the truth."      

On her November perjury conviction, Mosby's attorney said, "She is appealing that conviction and had to tell her story so you would get the full picture."

"Why would Marilyn Mosby risk it all in this way?" Grace asked jurors. "It makes much more sense she acted in good faith but made some mistakes in a process with which she was unfamiliar." 

She said jurors also must consider whether the statements were made in Maryland. "Why is Ms. Mosby being charged in Maryland but the homes are in Florida?" Grace asked. 

She told jurors, "Ms. Mosby relied on the professionals to help her fill out the forms completely and accurately from her credit reports."

Grace said the government's arguments "are not sound" and asked the jury to find Marilyn Mosby not guilty. 

Prosecutors were more pointed in their final rebuttal closing argument. Zelinsky told jurors to use their "common sense."

"Take her at her word, but that's going to be difficult because she's a convicted perjurer," he said, asking the jury whether they really trusted either Nick or Marilyn Mosby. 

"Marilyn Mosby says she wanted to tell you her truth. The evidence has shown there's a difference between her truth and the truth."

Jurors will use a more complex jury form where they have to decide on which items they believe she was untruthful if they find her guilty. 

Mosby's main public defender, Jim Wyda, told the judge late Monday afternoon that two members of the court staff made comments that were negative against Marilyn Mosby. He wants jurors to be questioned about any statements they heard outside of the courtroom. 

Judge Lydia K. Griggsby said she was "deeply disappointed" about the comments made against Mosby. 

Griggsby said she does not believe the members of the jury heard anything. "The jury in this case has been partially sequestered" and "I've received no reports from jurors that they've heard anything about this case." 

She denied the defense's request to question jurors.

Judge Griggsby then read jurors their instructions. They began deliberating just before 5 pm.

Related 

• Marilyn Mosby testifies in her own defense, talks about marriage that turned "toxic"
• Nick Mosby "ashamed" of financial troubles, prosecutors allege "perjury" on past taxes
• Nick Mosby testifies about "complete breakdown" in marriage, blames himself for Marilyn Mosby's legal troubles