Marilyn Mosby Heads To Trial In May On Felony Charges, Accuses Federal Prosecutors of 'Gross Misconduct'

BALTIMORE (WJZ) -- Baltimore City State's Attorney Marilyn Mosby will face a jury in the criminal case against her on May 2nd.

She has long demanded a quick trial so this can be resolved before her next election.

Prosecutors previously said they could be ready to go in April. The ultimate decision was made during a private conference between the judge and attorneys Wednesday morning.

The pace is still fast by federal standards.

"When there is a good, extenuating reason why a case should move extra quickly, which seems to be the case here with the election coming up, I don't think it's a stretch to expect that the judge handling the case will try to move it along as quickly as possible," said attorney Adam Ruther with Rosenberg, Martin, Greenberg. "Especially here where you've got the political backdrop, where you've got the political clock ticking."

Ruther is not involved in this case.

Federal prosecutors expect the jury trial to last four days. They plan to call as many as 15 witnesses. Mosby's team said in court filings they may call as many as 10 witnesses as they make their defense.

Mosby's lawyers have called federal prosecutors "vindictive" and accused them of "gross misconduct" in recent court filings aimed at getting the charges against her thrown out.

They also singled out prosecutor Leo Wise and described the case as the "culmination of a long-running crusade to ruin the political career of a young, progressive, Black, female elected official, led by a prosecutor who has repeatedly made financial contributions to the campaigns of her political opponents."

"There is no doubt that Mr. Wise will respond to these allegations, and I imagine argue quite forcefully that there's nothing wrong with his prosecution—nothing wrong with him pursuing the case," Ruther told WJZ. "There is no smoking gun in what she's presenting. There is no super clear argument that there is an obvious reason that he should be excluded in this case or that it should be dismissed. It tends to be an extension of what her defense attorney is doing in his media interviews which is to make broad allegations of animus or prejudice on the part of Mr. Wise specifically as an effort to put a shadow over the entire prosecution."

Mosby's team has also attacked United States Attorney Erek Barron, filing a statement from a witness who claimed Barron discussed rumors about Mosby's sex life and then allegedly said, "I don't understand all the hype around her. I don't get it. She was my intern, and I don't get how she got where she is."

Barron's office does not typically comment on ongoing litigation. He previously told WJZ Investigator Mike Hellgren his office "will follow the evidence where it leads."

Absent from the recent filings are substantive defenses against the charges at the heart of the case: That Mosby lied about having financial problems related to Covid-19 in order to obtain illegal, penalty-free withdrawals from her retirement account through the CARES Act.

Prosecutors have also claimed she lied on mortgage applications for her Florida vacation homes.

"She's definitely in a unique position, and that warrants a unique strategy on her team's part. I don't necessarily know that it's risky as long as there are more substantive defenses that will be brought to bear at the trial," Ruther said. "If [the government] is successful in getting all these ancillary arguments about the improper motive of the prosecutors excluded from trial, then the trial will be much more straightforward and based on what did she know, what did she do, what did she say and how does that line up with the elements of the defenses."

Here are other key upcoming dates:

• By March 11th, prosecutors must file their response to Mosby's Motion to Dismiss.
• By March 25th, Judge Lydia Kay Griggsby will rule on the defense motions.
• By April 4th, the judge and attorneys will work on jury instructions and the jury selection process.
• On April 14th, there will be a hearing on the final pre-trial motions.
• On April 27th, there will be a final pre-trial status conference.
• The primary in the state's attorney's race is June 28th

In:
• Maryland
• Trial
• Baltimore City