Marilyn Mosby's trial delayed to March; feds push for gag order as defense lawyer apologizes for cursing

BALTIMORE -- Baltimore City State's Attorney Marilyn Mosby's federal fraud and perjury trial will be pushed back until more than two months after she leaves office. 

The judge tentatively rescheduled it for March 27, 2023 after a dispute about an expert witness. The trial was originally set to begin next Monday. Jury selection is set for March 23 and March 24.

The government alleges Mosby's lawyers were late in providing disclosure about accountant Jerome Schmitt, an expert witness. He plans to testify about the decline for major travel-related businesses due to the pandemic.

The issue is a central part of the case as Mosby is accused of illegally taking money from her retirement account after Congress relaxed restrictions, allowing penalty-free withdrawals if someone's finances were adversely impacted by COVID-19.

Mosby had a non-operational travel side business, Mahogany Elite. Prosecutors want to introduce Mosby's past statement that she had not yet taken a single client or any money from Mahogany Elite and did not intend to operate it until after leaving office.

Mosby used the money to buy two vacation homes in Florida. Prosecutors also allege she lied on mortgage applications.

Mosby is accused of committing perjury to illegally obtain a withdrawal from her retirement account. The government argues she lied on forms saying she had adversely been impacted by COVID-19 allowing her to take out money without penalty while she continued to work and earn a salary of hundreds of thousands of dollars a year. 

Prosecutors also filed a new motion to place a gag order in the case.

The government was upset at comments Mosby's lead attorney, A. Scott Bolden, made Wednesday to WJZ slamming their case. They claim he was trying to taint the jury pool.

Bolden called the delay in the trial "bull****." 

On Thursday, Bolden apologized to Judge Lydia K. Griggsby for cursing on the courthouse steps. Griggsby has not yet ruled on the gag order. 

Mosby is set to leave office in January following her loss in the Democratic primary.